<)050 

Ws^v 


THE  LAW  of 
the  CITY  PLAN 

By  FRANK  BACKUS  WILLIAMS 

of  the  New  York  Bar 


A  careful  and  authoritative  pamphlet  on  city 
planning  and  how  to  accomplish  it.  The  texts  of 
selected  statutes  and  a  bibliography  are  included. 

%eVised  1922 

National  Municipal  League 

261  Broadway  New  York  City 

Technical  Pamphlet  Series  No.  8 


CONTENTS 

Advantages  of  City  Plan — — _ — — -- 3 

What  Plan  Should  Contain _ — - ~ - 4 

Partial  Planning....- „._ — - - — —  5 

Enforcement  of  Plan - — 5 

How  THE  Courts  Look  at  It - ~  7 

A  New  Method  of  Protecting  the  Plan..... - — - 9 

An  Act ..._ — - lo 

The  City  Plan n ing  Commission..... - — —  1 2 

Membership  of  Commission _ — - - 14 

The  Powers  of  Commission.. - 15 

General  Advice --• IS 

Advice  a  Prerequisite  to  Action  by  Other  City  Authorities _.. - _  15 

Advice  which  may  be  overruled  by  More  Than  a  Majority  Vote  of  City  Council _._ _  16 

Absolute  Control _ — _ 16 

Method  of  Conferring  Powers  upon   Commission - - 16 

Art  Commissions..- - — - -  18 

Miscellaneous  Powers _ - — 18 

Metropolitan  Planning 19 

Interstate  Metropolitan  Planning — - — - - — 19 

Regional  Planning — _ _- _ ~ - 19 

County  Planning _ — - —  20 

State  Planning — — 20 

Appej^dix  a - — — - — 20 

Table  of  Statutes — 20 

I.     Approval  of  Plats    a  Prerequisite  to  Record  of  Deeds _ _  20 

II.     City  Plan...._ 21 

III.  Plan   Commissions 21 

IV.  Art  Commissions _ - 22 

V.     State  Planning _ 23 

Appendix  B - 23 

Text  of  Selected  Statutes— — -.  23 

I.     City  and  State  Plans 23 

1.  Pennsylvania  General  Plan  Act -.... 23 

2.  Pennsylvania  State  Highway  Act 23 

3.  Pennsylvania   State  Planning  Bureau 24 

II.     Municipal   Commissions _ 24 

1.  Minnesota  Planning  Act _... _ _ _.. 24 

2.  New  Jersey  Plan  and  Art  Commission  Act...._ 25 

3.  New  York  Planning  Act ,. _ „  27 

4.  The  New  York  City  Art  Commission  Law _ 28 

5.  Ohio.     Planning  Provisions  of  Charter  and  Ordinances  of  Cleveland 29 

6.  Pennsylvania.     Planning  Act  for  Third  Class  Cities 29 

III.  Metropolitan   Commissions _ __ 30 

1.  Massachusetts _ _ _ _ 30 

2.  Pennsylvania — „ 32 

IV.  County  Commission _ _ _  33 

New    Jersey _ _ „  33 

V.      Capital  City  Commission - _ _._ 34 

California _ : 34 

VI.      Interstate  Planning  Commission 34 

The  New  York,  New  Jersey  Compact  for  Planning  New  York  Harbor , _  34 

Appendix   C _ _ 37 

Bibliography .., — 37 

I.     Planning  Commissions ,...._ „ _ 37 

II.     Planning  Particular  Cities ^ 37 

III.     Metropolitan   Planning _ 37 

IV.     General , 38 

Copyright,  1920-1922 
By  Frank  B.  Williams 


THE  LAW  OF  THE  CITY  PLAN* 


ADVANTAGES   OF   CITY   PLAN 

If  intelligent  and  careful  planning  is 
necessary  to  the  attainment  of  economy 
and  efiiciency  in  construction  of  any 
sort  —  and  it  will  scarcely  be  asserted 
that  they  are  mere  matters  of  luck — it 
follows  that  the  more  complicated  and 
extensive  that  construction  is,  the  more 
essential  it  is  that  it  should  be  planned. 
A  city  is  a  huge  agglomeration  of  social 
and  economic  interests,  under  many  in- 
dependent heads,  each  seeking,  through 
the  city  government,  its  expression  in 
the  physical  life  of  the  locality.  The 
aim  of  that  city  government  should  be 
to  harmonize  these  interests  in  the 
unity  of  the  locality,  as  the  only  meth- 
od of  giving  the  greatest  expression  to 
each  of  these  interests  that  is  compat- 
ible with  the  fullest  expression  of  the 
interests  of  all.  Evidently  here  is  an 
enterprise,  extensive  and  complicated 
beyond  any  private  undertaking,  su- 
premely in  need  of  the  guidance  of  a 
plan. 

Self  evident  truths  are  usually  diffi- 
cult to  prove.  Such  truths,  while  often 
ignored,  are  seldom  denied,  but  may 
with  profit  be  illustrated.  The  advan- 
tages of  a  city  plan  are  so  well  stated 
by  Nelson  P.  Lewis,  Esq.,  chief  engi- 
neer of  the  board  of  estimate  and  ap- 
portionment of  the  City  of  New  York, 
and  president  of  the  National  Confer- 
ence on  City  Planning  and  the  Ameri- 
can City  Planning  Institute,  in  his 
book  entitled,  "The  Planning  of  the 
Modern  City"^  that  we  cannot  do  bet- 

^John  Wiley  and  Sons,  Inc.,  New  York,   191 6. 


ter  than  quote  him  for  that  purpose. 
In  his  chapter  on  "The  Economic  Val- 
ue of  a  City  Plan,"  Mr.  Lewis  says: 

It  may  not  be  possible  to  express  the  advan- 
tages of  a  good  city  or  town  plan  in  money. 
Mr.  John  Burns,  who  may  be  called  the  father 
of  city  planning  legislation  (in  England)  has 
said  that  investment  in  a  good  plan,  whether 
it  be  for  new  parts  of  a  city  or  for  the  correc- 
tion of  older  parts,  if  regarded  for  a  period  of  a 
year,  may  appear  expensive;  if  considered  for  a 
period  of  five  years  it  will  be  profitable;  when 
considered  for  a  period  of  fifty  years  it  will  be 
an  investment  which  in  subsequent  days  will 
make  the  community  regret  that  it  did  not 
adopt  it  sooner.  Mr.  Burns  further  notes  that 
the  neglected  hamlets  of  a  hundred  years  ago 
are  the  squalid  industrial  towns  and  cities  of 
to-day,  and  he  pleads  that  we  so  arrSnge  the 
physical  life  of  a  hamlet,  village,  town  or  city 
that  it  can  grow  naturally  and  at  each  stage 
avoid  cost,  nuisance,  ugliness  and  squalor  which 
one  sees  wherever  a  town  encroaches  on  the 
country. 

Instances  may  be  cited  (continues  Mr.  Lewis) 
where  towns  have  grown  very  rapidly  and  have 
developed  into  great  commercial  and  industrial 
cities,  although  their  plans  violate  almost  every 
principle  laid  down  by  city  planning  authorities. 
Their  growth,  however,  has  been  due  to  certain 
natural  advantages  and  to  the  general  develop- 
ment and  prosperity  of  the  districts  tributary  to 
them,  and  they  have  grown  in  spite  of  the 
handicap  of  a  poor  plan.  When  its  defects  and 
the  embarrassment  to  business  due  to  them  be- 
come apparent,  vast  sums  are  often  spent  to 
cure  the  defects  which  might  have  been  dis- 
covered and  avoided  had  sufficient  study  been 
given  to  the  plan  when  it  was  first  under  con- 
sideration, and  the  increased  cost  of  doing  busi- 
ness for  a  period  of  years  and  the  large  sums 
spent  in  the  correction  of  the  plan  might  have 
been  saved.  The  cost  of  reconstruction  has  run 
far  into  the  millions  in  nearly  every  large  city 
except  Washington,  which  was  so  planned  as 
to  provide  for  future  growth.  To  give  figures 
for  different  towns  is  unnecessary,  but  the  total 
would  be  staggering. 

Of  the  efforts  to  estimate  with  any- 
thing like  precision  the  economic  value 
of  a  city  plan,  Mr.  Lewis  says: 


•Editor's  Note — This  pamphlet  is  a  portion  of  a  book  entitled  "The  Law  of  City  Planning  and 
Zoning"  now  being  published  by  the  Macmillan  Co.  in  the  Land  Economics  Series  edited  by  Dr. 
Richard  T.  Ely,  Department  of  Economics,  University  of  Wisconsin.  In  this  book  Mr.  Williams 
discusses,  for  the  first  time,  the  entire  subject  of  the  legal  bases  and  applications  of  city  planning, 
including,  in  addition  to  a  fuller  consideration  of  that  phase  of  it  here  taken  up,  such  other  phases 
as  the  scope  and  fundamentals  of  city  planning  law;  acquiring  the  land;  excess  and  zone  condem- 
nation and  replotting;  public  utilities;  the  water  front;  streets;  set  backs;  traffic  regulations;  build- 
ing regulation  and  zoning;  city  planning  finance;  planning  for  the  promotion  of  beauty;  planning 
administration  in  foreign  countries  and  the  United  States.  The  book  gives  the  references  to  the 
important  legal  decisions  on  the  subject  in  its  various  bearings  and  discusses  them;  and  treats  in 
the  same  way  the  leading  statutes  and  ordinances,  giving  the  text  of  such  of  them  as  are  most 
important. 


488310 


x\ATIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


It  is  very  difficult  to  capitalize  the  advan- 
tages of  any  improvement  or  betterment  which 
is  for  the  free  use  and  benefit  of  the  general 
public.  It  may  be  possible  to  estimate  the 
pecuniary  loss  suffered  by  individuals,  by  groups 
of  individuals  or  by  corporations  through  de- 
lays and  the  increased  expenses  which  are  due 
to  a  bad  plan.  .  .  Estimates  could  be  pre- 
sented which  have  doubtless  been  made  with 
care  .  .  .  but  those  who  have  made  them 
have  been  so  intent  upon  making  a  case  that 
other  contributing  causes  may  have  been  lost 
sight  of.  Even  if  due  allowance  is  made  for 
such  omissions,  the  preponderance  of  evidence 
is  so  great  that  the  general  conclusion  must  be 
admitted  to  be  sound.  It  is  quite  obvious,  for 
instance,  that  if  goods  are  to  be  moved_  from 
one  point  to  another,  and  it  be  necessary  in  do- 
ing so  to  follow  two  sides  of  a  triangle  instead 
of  traveling  along  the  hypothenuse,  there  is  a 
loss  of  time  and  an  increase  in  cost.  .  .  To 
compute  the  delays  which  occur  to  traffic  and 
apply  them  to  the  hourly  expense  of  a  team 
and  driver  and  to  argue  that  each  teani  would 
have  accomplished  so  much  more  during  the 
working  day  is  to  neglect  the  personal  equation 
of  the  driver  and  the  improbability  of  his  or 
his  team's  disposition  or  capacity  for  a  sus- 
tained maximum  effort  during  the  entire  work- 
ing day. 

When  an  attempt  is  made  to  estimate  the 
value  to  the  city  or  the  state  of  the  more  robust 
and  vigorous  manhood  and  womanhood  which 
would  result  from  better  living  and  working 
conditions,  and  the  consequent  saving  in  the 
annual  budget  for  charities  and  the  mainten- 
ance of  order,  we  are  again  dealing  with  some- 
thing which  we  know  to  be  of  enormous  advan- 
tage, but  which  can  scarcely  be  expressed  in 
dollars  and  cents. 

Such  estimates,  if  not  mathematical 
demonstrations,  are  nevertheless  an 
aid  in  grasping  the  undeniable  facts  of 
the  case.  With  this  object  in  view,  Mr. 
Lewis  points  out  that: 

If  a  million  passengers  are  carried  by  surface 
railways  or  omnibuses  each  day — and  this  num- 
ber is  greatly  exceeded  in  several  large  cities — 
and  if  the  loss  in  time  due  to  traffic  congestion 
through  inadequate  street  capacity  averages 
ten  minutes  a  day,  the  total  loss  of  time  would 
be  equivalent  to  20,833  working  days  of  eight 
hours  each.  If  the  average  pay  of  those  who 
were  subjected  to  this  delay  is  assumed  to  be 
$3,  and  if  but  one  half  of  this  time  is  a  loss  to 
their  employers,  the  total  loss  in  productive 
work  during  a  year  of  300  working  days  would 
be  $9,375,000,  to  say  nothing  of  the  loss  of 
efficiency  by  reason  of  worry  and  wear  and  tear 
in  reaching  their  places  of  employment.  This 
would  represent  5  per  cent  on  $187,500,000.  If 
in  this  same  city  there  were  60,000  horse  and 
motor  trucks  that  are  subject  to  an  average 
delay  of  half  an  hour  a  day,  and  if  they  repre- 


sent a  cost  of  $s  for  a  day  of  eight  hours,  their 
loss  in  time,  all  of  which  would  fall  upon  the 
employer  or  owner,  would  represent  a  value  of 
$5,625,000  during  a  year  of  300  working  days 
which  is  equivalent  to  5  per  cent  on  another 
sum  of  $112,500,000.  It  may  be  argued  that 
the  expenditure  of  $300,000,000  would  be  justi- 
fied if  these  losses  could  be  eliminated. 

While  such  arguments  (continues  Mr.  Lewis) 
are  of  little  real  value,  they  are  frequently  used; 
but  why  try  and  prove  by  figures  something 
which  is  so  evident  that  it  connot  be  gainsaid? 
If  improvements  to  correct  such  defects  and  do 
away  with  such  delays  were  not  worth  while, 
why  are  they  so  frequently  undertaken.^  Why, 
also,  is  it  that  the  cities  which  have  the  courage 
to  undertake  them  are  those  which  are  conspicu- 
ous for  their  rapid  increase  in  population  and 
wealth.''  What  induced  them  to  undertake  such 
great  and  costly  improvements.''  ...  It 
was  because  they  found  that  it  paid  in  the  case 
of  other  improvements  and  believed  that  it 
would-  pay  again.  Did  Paris  make  a  good  in- 
vestment when  it  expended  hundreds  of  millions 
of  francs  in  beautifying  the  city  and  making  it 
a  more  attractive  and  beautiful  place  in  which 
to  live  and  do  business.^  Ask  the  Parisians  and 
see.  Ask  them  also  what  prompts  them  to 
consider  further  gieat  undertakings  of  this  kind, 
unless  it  is  due  to  the  beneficial  results  of  those 
carried  out  under  Haussmann. 

In  the  same  way,  Mr.  Lewis  points 
out,  the  vast  improvements  in  German, 
English,  Scotch,  South  American,  Ca- 
nadian, and  our  own  greatest  and  most 
prosperous  cities,  have  justified  them- 
selves with  the  people  who  have  paid 
for  them;  and  he  points  his  moral  as 
follows: 

But  why  continue  to  put  questions,  the 
answers  to  which  are  self  evident.''  Yes,  a  good 
city  plan  pays.  The  benefits  .  .  .  are  quite 
apparent  and  every  town  which  has  tried  to 
improve  its  plan  seems  satisfied  that  it  has  done 
a  wise  thing  and  would  not  go  back  to  its  old 
conditions.  .  .  .  How  much  better  then  if 
this  enormous  cost  of  rearrangement  could  have 
been  avoided  by  a  more  careful  study  of  the 
plan  when  it  was  first  worked  out.  That  would 
be  constructive  city  planning,  the  advantages 
of  which  cannot  be  computed  in  money  but 
which  can  readily  be  realized  when  we  consider 
the  enormous  expenses  which  have  been  incurred 
by  cities  where  this  preliminary  study  was  not 
given  and  where  the  corrections  had  to  be  made 
at  a  subsequent  time. 

WHAT  PLAN  SHOULD  CONTAIN 

Since  the  aim  of  city  planning  is  the 
attainment  through  unity  of  efficiency 
and  economy  in  city  construction,  there 
must  be  in  all  the  steps  of  that  con- 


THE  LAW  OF  THE  CITY  PLAN 


struction  a  plan,  in  outline  at  least,  of 
the  city  as  a  whole,  to  which  any  part 
of  that  planning,  however  small,  shall 
relate  to  be  followed  from  time  to  time 
by  the  planning  of  details,  extensions, 
and  such  modifications  of  existing  fea- 
tures as  unforeseen  changes  or  further 
experience  and  study  seem  to  dictate/ 

The  complexity  of  city  life  being 
great,  the  factors  in  its  physical  devel- 
opment are  numerous.  In  order  to  se- 
cure unity,  the  plan  of  the  city  should 
include  and  harmonize  as  many  as  pos- 
sible of  these  factors,  public,  semi-pub- 
lic and  private  whether  within  the  legal 
limits  of  the  city  or  outside  them,  if 
near  enough  materially  to  aflfect  the 
city  or  be  affected  by  it;  such  as  the 
street  system,  the  water  front  and  its 
improvements,  the  parks  and  other 
open  spaces,  the  public  and  semi-pub- 
lic buildings  and  their  sites,  the  trans- 
portation systems,  local  and  long  dis- 
tance, with  their  freight  and  passenger 
stations  and  terminals,  the  gas,  water, 
electric,  and  similar  public  utility  sys- 
tems, the  subdivision  of  building  land 
and  the  height,  area  with  relation  to  the 
size  of  lot  and  use  of  structures  on  it. 

The  entire  urban  area,  however, 
need  not  be  planned  in  detail.  Thus 
spaces  for  public  buildings  and  parks 
should  be  reserved,  to  be  devoted  to 
more  specific  uses  and  laid  out  as  re- 
quired; in  the  newer  parts  of  the  city 
only  the  principal  streets  need  be  fixed, 
leaving  the  minor  streets  to  be  filled  in 

^The  legal  map  of  a  city  consists  of  many 
sheets,  each  showing  one  or  more  features  of  the 
plan  for  a  section  of  the  city.  For  the  provi- 
sions with  regard  to  the  map  of  the  city  of  New 
York,  see  the  Chapter  (4th  ed.,  1918,  by  Mark 
and  Wm.  Ash)  ch.  X,  title  4  (sec.  438-449). 
For  similar  provisions  with  regard  to  the  map 
of  Philadelphia,  see  Purdon's  Digest  of  Statute 
Law  of  Pennsylvania,  13th  ed.,  vol.  Ill,  p.  2942 
ff.  and  supplement,  1905-15,  p.  6744.  The 
Pennsylvania  law  for  second  class  cities  is  much 
the  same:  ib.,  vol.  Ill,  p.  3088,  sec.  569.  For 
similar  provisions  for  Baltimore,  see  sec.  84-86 
of  "A  code  of  Public  Local  Laws  of  Maryland," 
art.  4,  title  "Citry  of  Baltimore,"  subtitle 
"Charter." 


from  time  to  time  as  the  necessity  for 
them  arises;  and  beyond  the  present 
city,  the  city  of  the  future  may  be  left 
unplanned  except  for  the  laying  out  of 
the  main  thoroughfares  connecting  the 
cit}'  with  the  cities  and  villages  outside,, 
and,  perhaps,  the  imposition  of  pro- 
visional building  and  zoning  regula- 
tions for  the  areas  between  them. 

PARTIAL  PLANNING 

Very  few  cities  in  this  country  have 
comprehensive  city  plans,  although  in 
many  of  them  certain  features  have 
been  thought  out  and  executed  with 
care  and  with  good  results.  This  par- 
tial method  of  planning  is  open  to 
grave  criticism.  New  York,  for  in- 
stance, built  an  extensive  system  of 
subway  and  elevated  transportation  to 
relieve  congestion  in  the  older  parts  of 
the  city  which,  for  lack  of  zoning  re- 
strictions, has  been  instrumental  in 
adding  new  congested  areas  to  the  old 
ones.  Nevertheless  partial  planning  is 
by  no  means  necessarily  a  mistake. 
The  American  public  is  not  educated 
to  the  need  of  a  comprehensive  plan, 
but  is  sometimes  alive  to  the  advan- 
tages of  some  one  feature  of  such  a 
plan  as,  for  instance,  transportation  or 
zoning;  and  the  planner  unable  to  do 
what  he  would,  must  do  what  he  can. 
In  such  cases,  however,  the  need  of  the 
general  plan  should  always  be  kept  in 
mind  and  as  an  incident  of  the  smaller 
work,  as  much  of  the  larger  done  as  is 
feasible.  This  is  in  fact  the  practice  of 
wise  city  planners.  For  instance  all 
good  zoning  is  based  on  preliminary 
surveys,  which  are  partial  planning 
studies. 

ENFORCEMENT   OF   PLAN 

The  city  plan,  in  order  that  the  many 
features  included  in  it  may  conform  to 
it  in  their  development,  must  be  en- 
forced. These  features  are  widely  dif- 
ferent in  their  nature  and  character- 
istics, and  the  measures  to  be  taken  to 


NATIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


secure  this  conformity  must  vary  ac- 
cordingly. The  pubHc  features,  such 
as  highways  and  public  open  spaces, 
are  constructed  b}'  the  city,  or,  if  built 
by  private  persons,  become  public  onh' 
by  acceptance  by  the  city;  and  the 
city,  by  controlling  its  own  acts,  can 
see  to  it  that  to  this  extent  these  fea- 
tures are  in  accord  with  its  plan.  The 
semi-public  features,  such  as  the  pri- 
vately owned  utilities,  are  planned  and 
constructed  by  private  interests;  but 
their  location,  in  so  far  as  it  is  on,  over 
or  under  city  property,  is  usually  sub- 
ject to  the  cit\''s  consent,  which  may  be 
made  dependent  upon  conformity  to 
the  city  plan.  The  state  also  has  the 
right  to  grant  or  refuse  a  charter  to  a 
utility,  and  to  amend  its  charter;  and 
also  to  prescribe,  within  certain  limits, 
the  character  of  service  and  the  rates 
to  be  charged  for  it.  A  portion  of  this 
power  the  state  usually  delegates  to  the 
city;  and  could  delegate  more.  All 
these  powers  could  be  used  to  obtain 
conformity  to  the  city  plan.  The  im- 
provements of  private  land  for  private 
use,  are  made  by  the  private  owners  of 
this  land.  To  some  extent,  the  plan  of 
these  improvements  may  be  guided  by 
the  planning  of  the  city's  public  fea- 
tures; but  the  city  can  control  their 
construction  only  in  so  far  as  our  con- 
stitutions, state  and  national,  permit  by 
virtue  of  what  is  known  as  the  ''police 
power."  A  certain  amount  of  public 
control  over  private  land  and  the  uses 
to  which  it  may  be  put  is  as  essential 
to  the  planning  of  both  the  public  and 
the  private  features  of  the  city.  The 
planning  of  the  city's  private  features 
is  accomplished  for  the  most  part  by 
the  regulation  of  the  height,  area  and 
use  of  buildings;  and  these  regulations 
are  to  be  regarded  as  a  part  of  the  city 
plan.  The  subject  of  such  regulation 
is  discussed  in  a  supplement  to  this 
magazine  on  "Zoning"  (i),  and  will  be 
^By  Edward  M.  Bassett,  Esq.,  issued  with 
the  May  (1920)  number  of  the  National 
Municipal  RE\nEw.     Rev'ised  April,   1922. 


referred  to  only  incidentally  here. 

A  measure  of  public  control  over 
land  which  is,  and  is  to  remain,  in  pri- 
vate ownership  and  use  is  essential  to 
the  carrying  out  of  the  public  features 
of  the  city  plan.  If  feasible,  the  city 
could  ensure  the  possibility  of  the  con- 
struction of  its  public  features  as 
planned  by  purchasing  the  land  needed 
for  them;  but  prudent  planning  must 
always  anticipate  present  needs  for 
many  years.  Cities,  for  lack  of  nec- 
essary funds,  seem  never  able  to  pur- 
chase more  land  than  is  required  for 
the  immediate  future,  and  to  attempt 
to  assess  the  cost  of  improvements  on 
land  so  long  before  these  improvements 
are  needed,  would  be  most  unjust. 
Unless,  therefore,  the  city  can  by  some 
method  make  adherence  to  the  public 
features  of  the  plan  binding  upon  the 
owners  of  the  land  affected  by  it,  this 
land  is  sure  to  be  used  in  ways  which 
will  make  it  very  expensive  and  there- 
fore practically  impossible,  when  the 
time  comes,  to  construct  these  features 
as  they  were  originally  planned.  This, 
the  history  of  many  American  cities 
only  too  clearly  proves. - 

In  foreign  countries  where  city  plan- 
ning has  been  most  successful,  adher- 
ence by  the  land  owners  to  a  plan  con- 
taining a  few  of  the  main  features  of 
that  the  land  owner  shall  not  improve 
his  land  in  any  way  which  will  inter- 
fere with  the  carrying  out  of  that  plan; 
or  that,  when  the  public  subsequently 
the  future  city^  is  secured  by  providing 

^See  the  report  of  Dr.  Robert  H.  Whitten,  at 
that  time  secretary  of  the  Committee  on  the 
City  Plan  of  the  Board  of  Estimate  of  New 
York  City,  to  that  committee,  dated  November 
20,  191 7,  on  the  "Erection  of  Buildings  within 
the  Lines  of  Mapped  Streets." 

^The  streets  and,  in  some  cases,  a  few  other 
features.  There  are  modifications  in  foreign 
laws  whose  purpose  it  is  to  avoid  hardship  to 
land  owners  in  special  cases;  but  since  in  the 
opinion  of  the  writer  they  do  not  offer  a  solu- 
tion of  similar  problems  in  this  country,  they 
have  been  omitted  from  the  statement  of  the 
foreign  rule.  It_  should  be  noted,  however,  that 
even  abroad,  mitigations  of  the  law  have  been 
found  to  be  necessary. 


THE  LAW  OF  THE  CITY  PLAN 


takes  the  land,  he  shall  receive  no  pay 
for  any  improvement  infringing  upon 
the  plan  made  subsequent  to  its  adop- 
tion.- This  system  has  been  in  oper- 
ation for  many  years,  not  only  in  Ro- 
man Law  countries,  but  in  England 
and  Canada,  whose  laws  and  traditions 
are  so  like  our  own;  and  has  not  been 
found  to  be  unjust  to  the  land  owner. 
The  street  is  essential  to  the  land  own- 
er in  the  profitable  use  of  his  land. 
The  only  right  of  which  the  plan  de- 
prives him  is  the  right  to  build  in  the 
bed  of  mapped  streets  between  the 
time  when  the  plan  is  adopted  and  the 
time  when  it  is  carried  out.  In  the  vast 
majority  of  cases  this  right  is  worthless 
both  because  if  the  plan  is  a  good  one 
it  indicates  where  the  street  and  the 
building  should  be  for  the  best  interests 
of  the  land  owner  and  because  if  the 
plan  is  carried  out  seasonably  the  street 
will  be  built  before  there  is  an  economic 
demand  for  the  building. 

HOW    THE    COURTS    LOOK    AT   IT 

The  need  of  protecting  planned 
streets  from  the  encroachment  of  land 
owners  has  always  been  appreciated  in 
this  country,  and,  at  various  times 
many  of  our  states  have  passed  laws 
for  that  purpose.  Everywhere  in  the 
L'nited  States,  however,  except  in 
Pennsylvania,  these  laws^  have  been 
held  to  be  a  taking  from  the  land  own- 
er of  a  right  of  use  in  his  land  and, 
therefore,  to  be  contrary  to  the  pro- 
vision of  our  constitutions  that  no  man 
shall  be  deprived  of  property  for  a 
public  use  without  just  compensation.^ 

^Temporary  structures,  etc..  are  therefore 
universally  permitted. 

^For  a  reference  to  these  laws,  see  Appendix 
A,  Tables  of  Statutes;  for  the  text  of  the  most 
important  of  them,  see  Appendix  B,  Text  of 
.Selected  Statute. 

^See  report  just  cited  (Erection  of  Buildings 
within  the  Lines  of  Mapped  Streets,  Dr.  Robert 
H.  Whitten.  November  20,  1917).  The  law 
is  settled  to  the  effect  as  stated  in  the  text 
evervw'here  in  the  United  States  where  the 
question  has  arisen,  except  in  Pennsylvania. 
The  cases  are  given  in  Lewis,  Eminent  Domain, 


The  increased  interest  in  city  planning 
within  recent  years  in  this  country  has 
revived  and  strengthened  the  demand 
for  some  method  of  establishing  the 
street  plan  on  a  secure  basis,  as  is  done 
abroad;    and   many   suggestions    have 
been  made  for  the  accomplishment  of 
this  result  in  a  constitutional  manner. 
It   has   been   proposed   that  the   city, 
when  the  plan  is  adopted,  purchase  or 
condemn  an  easement  or  option  in  the 
land,  to  acquire  it,  when  needed,  at  its 
unimproved  value;  but  the  expense  of 
the   purchase   of   this   right,   with   the 
proceedings  to  acquire  it,  added  to  the 
expense  of  taking  the  land,  later  on, 
would  unquestionably  make  the  land 
cost  the  city  too  much,  and  laws  au- 
thorizing cities  to  adopt  such  a  course 
would  remain  a  dead  letter.-     It  has 
been  suggested  that  the  land  owner,  in- 
"If  the   improvements   should  be  made  in 
bad    faith,   with    intent    to    throw   an    undue 
burden  on  the  public,  another  element  would 
enter  into  the  consideration  of  the  question 
which    might,    perhaps,    produce    a    different 
result;"  but  see  Matter  of  City  of  New  York 
(Briggs  Avenue),  118  Appellate  Division  Re- 
ports   (N.    Y.)    222    (1907);   and    notes    on 
same,  36  L.  R.  A.   (N.  S.)   273,  and  17  An- 
notated Cases  1034. 

Lewis,  in  his  book  on  Eminent  Domain, 
Callaghan  and  Co.,  Chicago,  3d  ed.,  1909, 
Sec.  226,  Note  23,  says,  in  explanation  of  the 
Pennsylvania  decisions: 

"Such  an  Act  was  held  valid  in  New  York 
on  the  ground  that  it  was  passed  before  there 
was  any  limitation  in  the  Constitution  of 
that  State  upon  the  power  of  eminent  domain, 
and  compensation  for  improvements  placed 
within  the  lines  of  a  proposed  street  was 
denied,  although  the  street  was  not  actually 
laid  out  until  seventeen  years  after  the  map 
was  made.  Matter  of  Furman  Street.  17 
Wend.  649.  This  Case  was  followed  in  Penn- 
sylvania without  noticing  the  ground  on 
which  it  rested.  North  Street,  70  Pa.  St. 
125."  See  in  this  connection  People  ex  rel 
N.  Y.  C.  R.  R.  Co.  V.  Priest,  206  N.  Y.  274 
at  288   (1912). 

3d  ed.  sec.  226;  Nichols.  Eminent  Domain,  sec. 
loi  (at  p.  282);  See  also  Windsor  v.  Whitney, 
95  Conn.  357  (1920),  considered  below. 

Of  interest  in  this  connection  is  the  dictum 
in  State  v.  Carragan.  Collector,  36  New  Jersey 
Law  Reports  52  (1872)  that 

-There  is  such  a  law  in  Connecticut  for  the 
planning  of  towns;  Revised  Stats.,  1918,  Sec. 
391-396. 


NATIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


tending  to  improve  land  in  the  bed  of 
mapped  streets,  should  be  required  to 
give  the  city  six  months'  notice,  within 
which  to  acquire  the  land;  but  this  in- 
stead of  protecting  the  city  would  fur- 
nish the  land  owner  altogether  too  easy 
a  method  of  forcing  the  city  to  buy  his 
land  at  his  pleasure,  instead  of  at  the 
pleasure  of  the  city/ 

In  a  number  of  states  laws  exist 
which  provide  that  the  owner  of  land, 
wishing  to  lay  out  streets  with  lots 
abutting  on  them  for  sale,  shall  sub- 
mit his  subdivision  to  the  city  for  ap- 
proval before  the  plan  shall  be  record- 
ed; and  also  forbid  utilities  in  streets 
until  such  approval  is  obtained.^  The 
private  street,  laid  out  by  the  land 
owner,  all  too  often  for  his  immediate 
profit,  with  no  regard  for  the  interests 
of  the  city  as  a  whole,  or  those  of  the 
people  who  are  to  live  on  the  tract  in 
question,  while  by  no  means  the  only 
offender  against  the  city  plan,  is  prob- 
ably the  commonest  one;  and  when  the 
lots  on  such  a  street  are  sold  to  inno- 
cent purchasers  and  houses  built  on 
them,  the  city  is  practically  forced  to 
accept  the  street  as  a  part  of  its  public 
system,  giving  up  its  own  plan  in  that 
locality;  the  only  alternative  seeming 
to  be  to  allow  the  street  to  remain  in 
private  control,^  thus  continuing  one 
evil  without  lessening  the  others.  The 
provision  for  approval  as  a  prerequisite 
to  record  is  effective;  it  is  impossible 
in  this  country  to  sell  land  without  a 
record  title.    The  provision  is  also  con- 

^See  the  report  on  the  "Erection  of  Buildings 
within  the  Lines  of  Mapped  Streets"  already 
referred  to;  and  for  a  more  radical  suggestion, 
see  "A  Survey  of  the  Legal  Status  of  a  Specific 
City  in  refation  to  City  Planning"  by  Edward 
M.  Bassett,  in  the  proceedings  of  the  Fifth  Con- 
ference on  City  Planning  (Chicago,  191 3)  p. 
46  at  48. 

^For  precedents  see  pp. 

^Unquestionably  the  city  has  the  legal  right 
to  condem  the  land  for  its  own  system  of  streets 
regardless  of  the  existing  private  streets,  and 
the  buildings  abutting  on  them;  but  it  would  be 
seldom  indeed  that  any  city  would  exercise 
such  a  ri<'ht. 


stitutional;^  record  being  not  a  righi 
but  a  privilege  which  the  law,  for  rea- 
sons of  public  policy,  may  withhold.^ 
Evidently  such  a  provision  can  be  used 
to  the  best  advantage  only  in  connec- 
tion with  an  accepted  city  plan,  as 
otherwise  the  planning  of  any  given 
plot  would  not  be  related  to  the  plan 
of  other  tracts  of  land  and  of  the  city 
as  a  whole. 

Useful  as  are  the  laws  providing  for 
the  approval  of  the  subdivisions  of 
owners  desiring  to  sell  land,  as  a  pre- 
requisite to  record  of  the  deeds,  they 
do  not  prevent  the  owner  who  does  not 
wish  to  sell  from  improving  his  land 
in  such  ways  as  often  practically  to 
force  changes  in  important  features  of 
the  plan,  and  in  some  cases  their  entire 
abandonment;  as,  for  instance,  by  en- 
croaching upon  a  mapped  street,  or 
building  a  factory  or  a  row  of  costly 
houses  entirely  across  it.^  In  order  that 
the  plan  may  be  adequately  guarded, 
its  main  features  must  be  protected  by 
the  police  power  of  the  state.  It  has 
therefore  "been  suggested  that  an 
amendment  to  our  state  constitutions 
be  urged  giving  cities  the  right  to  adopt 
plans  binding  land  owners,  as  in  Penn- 
sylvania. At  best,  such  amendments 
could  be  passed  only  after  a  long  strug- 
gle; and  it  is  to  be  feared  that  they 
would  be  held  by  the  Supreme  Court 
of  the  LInited  States  (which  has  not 
as  yet  passed  on  the  question)  to  be 
contrary  to  the  federal  constitution. 
It  is  true  that  with  proper  city  planning 
a  good  plan  will  be  made  for  undevel- 
oped territory  and  will  be  carried  out 
seasonably;  but  in  this  country  the 
probability  of  good  administration  is 
not  regarded  as  a  sufficient  safeguard 

^Bauman  v.  Ross,  167  U.  S.  548   (1897). 

-See  cases  cited  in  13  Cyclopedia  of  Law  and 
Procedure,  p.  597,  note  599;  also  State  v. 
Register  of  Deeds,  26  Minn.  521  (1880);  Van 
Husan  v.  Heames,  96  Mich.  504;  Contra  State 
V.  Moore,  7  Wash.  173   (1893). 

■''See  the  "Report  on  the  Erection  of  Buildr 
ines  within  the  Lines  of  Mapped  Streets"  jus{ 
referred  to. 


THE  LAW  OF  THE  CITY  PLAN 


against  injustice  in  exceptional  cases, 
as  it  is  abroad.  And  there  are  many 
cases,  especially  in  portions  of  the  city 
already  more  or  less  built  up,  where  in- 
justice might  be  done.  Take  for  in- 
stance a  lot,  all  or  aij  undue  portion  of 
which  lies  in  the  bed  of  a  future  street. 
The  owner  has  nothing  to  gain  by  the 
street;  and  if,  as  often  happens,  its  con- 
struction is  delayed  beyond  the  time 
when  the  lot  might  with  profit  be  built 
up,  the  owner  for  many  years  must  pay 
taxes  on  the  lot,  but  cannot  get  any 
return  on  it.  Again,  suppose  a  deep 
lot  on  an  existing  street  with  a  factory 
on  the  front  portion  of  the  lot  and  a 
proposed  street  planned  to  occupy  its 
rear  portion.  The  entire  lot  would  hold 
with  advantage  perhaps  two  additional 
factory  buildings.  If  the  owner  wishes 
to  construct  one  such  building,  he  can 
put  it  in  the  middle  of  the  lot,  and 
there  is  no  loss  to  him  in  depriving  him 
of  the  use  of  the  bed  of  the  mapped 
street;  but  if,  in  course  of  time,  he 
needs  a  third  building,  the  only  land 
for  it  is  the  land  devoted  to  the  future 
street;  and  it  is  unjust  to  deprive  him 
of  the  only  use  he  can  make  of  that 
land  for  many  years.  It  is  no  answer 
to  his  claim  of  damage  that  when  the 
rear  street  is  built  his  land  will  be  ben- 
efited, for  under  proper  laws  he  must 
pay  for  that  benefit  when  it  comes. 
And  the  city  may  change  its  mind  and 
never  build  the  street;  in  spite  of  the 
fact  that  for  years  It  has  kept  It  on  the 
map. 

A    NEW    METHOD    OF    PROTECTING    THE 
PLAN 

A  method  by  the  employment  of  the 
Police  Power  of  making  a  city  plan  of 
streets  and  perhaps  a  few  other  fea- 
tures binding  upon  property  owners 
which.  It  is  submitted,  would  be  just  to 
them  and  valid  under  our  constitutions, 
was  proposed  by  the  writer  at  the  last 
session  of  the  National  Conference  on 
Citv     Planning.       In     the     discussion 


which  followed,  Edward  J\I.  Bassett, 
Esq.,  suggested  the  addition  of  a 
board  of  appeals,  and  the  proposal  is 
here  given,  with  this  most  important 
change.  In  the  hope  that  It  may  lead 
to  a  solution  of  this  difficult  problem. 

It  is  .suggested  that  municipalities 
shall  be  authorized  by  state  law  to 
adopt  plans  binding  upon  them  until 
amended  in  due  form.  If  a  land  owner 
desires  to  locate  an  improvement  In  the 
bed  of  a  mapped  street  or  within 
mapped  building  lines  (or  perhaps  on 
land  destined,  by  the  plan,  for  a  small 
park  or  playground,  or  the  site  of  a 
public  building)  he  shall  apply,  in  the 
building  permit,  for  permission  to  lo- 
cate an  Improvement  contrary  to  the 
provisions  of  the  city  plan;  and  when, 
ultimately,  the  land  Is  condemned  he 
shall  recover  no  damages  for  the  Im- 
provement if  it  is  so  located  without 
permission.  The  city,  through  Its  build- 
ing department  or  other  proper  author- 
ity, shall  grant  this  permission  only 
when  Its  refusal  will  unavoidabh'  do 
the  land  owner  substantial  economic 
Injury  and  In  this  connection  shall  take 
into  consideration  the  possible  uses  of 
other  land  in  the  neighborhood  belong- 
ing to  the  same  owner  and  the  possi- 
bility, In  whole  or  In  part,  of  changing 
the  Improvement  or  its  location. 

From  the  decision  of  the  building 
department  refusing  permission-  to  lo- 
cate contrary  to  the  city  plan,  there 
shall  be  an  appeal  to  a  board  of  ap- 
peals, who  shall  have  the  power  to 
grant  the  permission  with  conditions 
calculated  to  lessen  or  altogether  to 
avoid  the  expense  to  the  city  due  to  im- 
provements when,  later,  the  city  con- 
demns the  land:  no  appeal  to  the 
courts  being  allowed  until  after  resort 
to  the  board  of  appeals.  This  provi- 
sion would  both  mitigate  most  If  not 
all  the  hardship  which  the  law  might 
otherwise  cause  the  land  owner  In  spe- 
cial cases  and  make  the  law  less  vul- 


10 


NATIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


nerable  before  the  courts/      In  both 

these  respects  a  board  of  appeals  would 

in    this    connection    render    a    service 

'A  draft  of  a  statute  along  the  lines  sug- 
gested in  the  text  was  drawn  up  by  Mr.  Bas- 
sett,  and  is  given  below.  For  the  sake  of 
definiteness  it  was  made  as  an  amendment  to 
the  New  York  Charter.  It  should,  be  noted 
that  this  charter  provides  that  in  the  construc- 
tion of  all  the  features  legally  a  part  of  the  city 
map  the  city  shall  follow  that  map,  except  as 
amended  in  due  form. 

The  suggested  act  is  as  follows: — 
AN  ACT 

To  amend  the  Greater  New  York  charter  in 
relation  to  the  official  map  and  plan,  to  prevent 
buildings  in  streets  shown  on  such  map  and 
plan,  and  to  empower  the  board  of  appeals  to 
grant  building  permits  in  certain  cases. 

The  People  of  the  State  of  New  York,  repre- 
sented in  Senate  and  Assembly,  do  enact  as 
follows: 

Section  i.  Chapter  VI  of  the  Greater  New 
York  charter  is  hereby  amended  by  adding 
after  section  442  a  new  section  to  be  known  as 
section  442a,  as  follows: 

§  442a.  Such  map  and  plan  is  established 
to  conserve  and  promote  the  public  health, 
safety  and  general  welfare.  Accordingly  for 
the  purpose  of  preserving  the  integrity  of  such 
map  and  plan  no  permit  shall  hereafter  be 
issued  for  any  building  in  any  street  laid  out 
in  such  map  and  plan,  provided  however  that, 
if  the  land  within  such  mapped  street  is  not 
yielding  a  fair  return  to  the  owner,  the  board 
of  appeals  shall  have  power  in  a  specific  case  to 
grant  a  permit  for  a  building  or  buildings  which 
will  as  little  as  possible  increase  the  cost  of 
opening  such  street  or  tend  to  cause  a  change  of 
such  map,  and  such  board  may  impose  reason- 
able requirements  as  a  condition  of  granting 
such  permit,  which  requirements  shall  inure  to 
the  benefit  of  the  city.  Before  taking  any 
action  authorized  in  this  section  the  board  of 
appeals  shall  give  public  notice  and  hearing. 

Section  2.  Section  71 8d  of  chapter  XIV-A 
of  the  Greater  New  York  charter  is  hereby 
amended  so  that  it  will  read  as  follows: 

Board  of  Appeals.  §  71 8d.  The  appointed 
members  of  the  board  of  standards  and  appeals 
and  the  chief  of  the  uniformed  force  of  the  fire 
department,  exclusive  of  the  other  members, 
shall  hear  and  decide  appeals  from  and  review 
any  rule,  regulation,  amendment  or  repeal 
thereof,  order,  requirement,  decision  or  deter- 
mination of  a  superintendent  of  buildings  made 
under  the  authority  of  title  two  of  chapter 
nine  of  this  act  or  of  any  ordinance  or  of  the 
fire  commissioner  under  the  authority  of  title 
three  of  chapter  fifteen  of  this  act  or  of  any 
ordinance,  or  of  the  labor  law.  They  shall  also 
hear  and  decide  all  matters  referred  to  them  or 
upon  which  they  are  required  to  pass  under  any 
resolution  of  the  board  of  estimate  and  appor- 


analogous  to  that  which  it  has  so  ad- 
mirably performed  under  zoning  laws.^ 

tionment  adopted  pursuant  to  sections  two 
hundred  and  forty-two-a  and  two  hundred  and 
forty-two-b  of  this  chapter.  They  shall  alio 
hear  and  decide  applications  for  permits  for 
buildings  in  streets  laid  out  in  the  official  map 
and  plan  of  the  city  as  provided  in  section  442-a 
of  chapter  VI  hereof.  No  member  of  the  board 
shall  pass  upon  any  question  in  which  he  or 
any  corporation  in  which  he  is  a  stockholder  or 
security  holder  is  Interested. 

Hearings  on  appeals  shall  be  before  at  least 
five  members  of  the  board  of  appeals,  and  the 
concurring  vote  of  five  members  of  the  board 
of  appeals  shall  be  necessary  to  a  decision. 

The  words  board  of  appeals  when  used  in  this 
chapter  refer  to  the  said  appointed  members  of 
the  board  of  standards  and  appeals  and  the 
chief  of  the  uniformed  force  of  the  fire  depart- 
ment, when  acting  under  the  powers  conferred 
by  this  section. 

.NOTE — New  matter  in  section  71 8d  is  in 
italics. 

-In  support  of  legislation  for  the  establish- 
ment and  protection  of  the  city  plan  under  the 
police  power  the  late  case  of  Windsor  v.  Whit- 
ney (95  Conn.  357;  1920)  may  be  cited.  In 
1917  the  State  of  Connecticut  passed  an  act 
(Special  Laws.  1917,  No.  133;  p.  837)  for  the 
planning  of  outlying  parts  of  the  town  of  Wind- 
sor in  the  outskirts  of  the  City  of  Hartford. 
The  act  provides  for  the  creation  of  a  planning 
commission  with  power  to  establish  a  street  and 
building  line  plan  for  this  territory;  gives  the 
land  owner  an  appeal  to  the  courts  if  he  con- 
siders the  plan  for  his  land  unreasonable,  and 
forbids  land  development,  the  sale  of  lots  and 
the  erection  of  buildings  not  in  conformity  with 
the  officially  adopted  or  sanctioned  plan.  No 
compensation  for  the  establishment  of  the  plan 
is  provided  for. 

In  his  brief  in  support  of  this  act  the  at- 
torney for  the  town  of  Windsor  says: 

"We  anticipate  that  the  defendants  will 
claim  that  a  man  has  a  right  to  build  and  use 
private  ways  on  his  own  land,  that  that  is  all 
that  the  present  scheme  amounts  to,  and  that 
the  State  cannot  interfere  with  this  right  with- 
out compensation.  Without  denying  the  right 
of  a  land  owner  to  maintain  private  ways  on  his 
own  land  which  do  not  affect  other  property, 
directly  or  indirectly,  we  shall  show  that  this 
is  not  the  situation  involved  in  the  present  case. 

■"Section  11  of  this  act  provides  that  the 
provisions  of  the  act  shall  not  apply  to  the 
\\  indsor  Fire  District,  in  other  words,  to  the 
village  of  Windsor.  The  growth  of  the  City  of 
Hartford  toward  the  North  is  extending  into 
the  southerly  part  of  the  Town  of  Windsor  and 
land  developiuent  schemes  like  the  one  engineered 
by  these  defendants  are  now  in  progress  and 
probably  will  be  more  numerous  in  the  immed- 
iate future.  The  present  act  is  intended  to 
properly  provide  for  the  conditions  which  pre- 


THE  LAW  OF  THE  CITY  PLAN 


II 


Illustrations  of  the  service  which  a 
board  of  appeals  could  render  in  the 
administration  of  this  provision  of  the 
planning  law  are  numerous  and  va- 
ried; and  of  these  illustrations  I  will 
cite  three. 

If  a  land  owner  desires  to  erect  a 
brick  structure  in  the  bed  of  a  mapped 
street,  the  board  of  appeals  could  offer 
to  authorize  a  wooden  building,  point- 
ing out  that  such  a  building  could  be 
amortized  in  a  given  number  of  years, 
with  a  fair  return  to  the  land  owner  on 


the  value  of  his  land.  No  court  would 
hold  that  (in  the  absence  of  other  com- 
plications) the  land  owner  was  rightly 
aggrieved  to  whom  such  an  offer  was 
made,  even  if  he  could  obtain  a  larger 
amount  by  violating  the  city  plan,  con- 
trary to  the  general  interest;  for  if  the 
return  is  a  fair  one  he  is  not  unjustly 
deprived  of  his  property. 

If  a  building  were  proposed,  a  part 
of  which  only  would  project  into  the 
future  street,  the  board  of  appeals 
could  offer  to  consent  to  a  building  of 


vail  in  the  outskirts  of  a  city. 

"The  complaint  states  that  the  defendants 
are  endeavoring  to  sell  a  large  number  of 
building  lots.  The  two  parallel  streets  are  800 
feet  long.  If  the  building  lots  are  50  feet  wide, 
the  usual  width,  there  will  be  16  building  lots 
on  each  side  of  each  of  these  streets,  a  total 
of  64.  In  addition  there  will  be  building  lots 
on  the  cross  street.  It  is  obvious  that  in  the 
natural  course  of  events  there  will  be  a  large 
number  of  houses  erected  on  this  tract  within  a 
few  years  and  that  a  considerable  number  of 
people  will  live  in  them.  This  is  not  only  prob- 
able but  is  the  result  which  the  defendants 
contemplate  and  are  trying  to  bring  about.  It 
is  respectfully  submitted  that  this  enterprise 
is  one  in  which  the  State  of  Connecticut  has 
a  legitimate  interest. 

"If  within  the  next  few  years  this  tract  con- 
tains numerous  dwellings  and  a  considerable 
population,  it  will  become  the  duty  of  the  State 
of  Connecticut  and  its  agent,  the  Town  of 
^\'indsor.  to  provide  fire  protection  and  police 
protection.  In  the  interest  of  safety  and  mor- 
ality lights  must  be  provided.  In  the  interest 
of  health  a  sewer  must  be  installed.  Water 
must  be  furnished.  The  children  must  be  pro- 
vided with  school  facilities.  In  caring  for  all 
these  essentials  the  State  must  use  streets.  We 
all  know  from  experience  that  the  normal  result 
of  such  an  enterprise  is  that  the  town  sooner  or 
later  takes  over  such  streets  as  public  highways. 
If  it  does,  grading,  curbing,  drainage,  etc.,  be- 
comes necessary  and  expensive.  But  whether 
these  streets  become  public  highways  or  not, 
the  above  public  duties  and  many  others  will 
be  eventually  thrown  on  the  Town  of  Windsor 
if  the  project  of  the  defendants  becomes  a  suc- 
cess. 

"We  think  further  that  the  State  and  its  agent, 
the  town,  are  fairly  entitled  to  take  into  con- 
sideration the  relation  of  the  tract  in  question 
to  the  general  lay-out  of  highways  in  the  town, 
both  tho.se  already  existing  and  such  highways 
as  the  future  is  likely  to  call  for  in  the  neigh- 
borhood. It  is  obvious  that  if  one  land  owner 
lays  out  streets  according  to  his  notions  and 
the  adjoining  owner  adopts  an  entirely  different 
scheme,  when  the  town  eventually  takes  both 


groups  of  streets,  the  performance  of  its  public 
functions  will  be  greatly  complicated.  Wide, 
straight  streets  are  not  merely  beautiful — they 
are  the  best  streets  for  practical  purposes.  It 
is  certainly  not  unreasonable  that  the  town 
should  have  some  control  over  the  matter  in 
advance. 

'"It  may  be  contended  that  the  time  for  the 
town  to  take  a  hand  in  the  matter  is  when  the 
necessity  for  actual  public  care  arises.  But  we 
respectfully  maintain  that  the  state  is  fairly 
entitled  to  look  forward  to  probable  conditions 
contemplated  by  the  parties  in  interest  with 
proper  foresight  for  its  future  duties  and  that 
this  is  supported  by  common  sense  and  by  the 
authorities  which  we  have  cited  above.  It  is 
ridiculous  to  say  that  the  state  must  stand  by 
and  watch  the  defendants  and  their  vendees 
build  up  a  considerable  community  and  then 
step  in  and  straighten  out  the  street  problems 
at  greatly  increased  expense  to  both  the  State 
and  the  parties  then  concerned.  The  prudent 
and  sensible  thing  for  the  State  to  do  is  to  have 
its  say  now.  This  is  what  the  present  act  seeks 
to  accomplish.  It  is  clear  from  the  above  cita- 
tions that  the  police  power  of  the  State  would 
enable  it  to  handle  the  situation  when  the  com- 
munity has  once  come  into  existence  and  we 
think  it  equally  clear  that  the  police  power  of 
the  State  is  broad  enough  to  enable  it  to  anti- 
cipate the  future  conditions  indicated  by  the 
situation." 

In  sustaining  the  .'\ct,  the  Court  says: — 
"Unless  this  regulation  can  be  supported  as 
a  legitimate  exercise  of  the  police  power,  the 
-Act  must  fall.  A  town  commission  plan  such 
as  this  .Act  contemplates  is  distinctly  for  the 
public  welfare.  Its  theory  is  to  lay  out  streets 
when  and  where  the  public  need  them,  and  of 
adequate  width  to  meet  the  requirements  of  the 
community  and  of  transportation.  In  such  a 
plan  each  street  will  be  properly  related  to 
every  other  street.  Building  lines  will  be 
established  where  the  demands  of  the  public 
require.  Adequate  space  for  light  and  air  will 
be  given.  Such  a  plan  is  wise  provision  for  the 
future.  It  betters  the  health  and  safety  of  the 
community;  it  betters  the  transportation  facili- 
ties: and  it  adds  to  the  appearance  and  whole- 


12 


NATIONAL  MUNICIPAL  REVIEW  SUPPLEMExNT 


which  the  projecting  portion  was  only 
one  story  high;  backing  up  the  pro- 
posal by  plans  showing  the  suitability 
and  yield  of  such  a  building  in  such  a 
location. 

If  the  city  intended  to  build  the 
street  within,  perhaps,  five  years,  the 
board  could  be  authorized,  with  the 
consent  of  some  proper  city  authority, 
to  agree  with  the  land  owner  that  the 
city  would  build  it  within  that  time. 
This  agreement  would  usually  make  it 
certain  that  the  location  of  the  building 
with  relation  to  the  future  street,  so 
soon  to  be  built,  was  the  most  profit- 
able one,  especially  if  the  building  was 
to  be  an  expensive  one. 

A  provision,  under  the  police  power, 
making  a  few  of  the  essential  features 
of  the  city  plan  binding  upon  the  land 
planned  is  essential  to  the  success  of 
city  planning  in  this  country.  The  pro- 
vision here  suggested  would  seem  to 
accomplish  everything  which  is  secured 
by  the  provisions  for  the  same  purpose 
of  foreign  laws,  by  methods  already 
familiar  in  this  country,  and  therefore 
more  likely  to  win  the  approval  not  on- 
ly of  city  planners,  but  of  our  courts. 


THE  CITY  PLANNING  COMMISSION 

The  prevailing  form  of  planning  ex- 
ecutive in  this  country,  both  for  cities 
and  for  smaller  communities,^  is  the 
commission.  The  first  permanent  of- 
ficial planning  commission  was  ap- 
pointed in  Hartford,  Connecticut,  in 
1907-  and  there  are  now  hundreds  of 
such  commissions  in  the  United  States. 
Prior  to  1907  city  planning  was  wholly 
a  voluntary  movement  of  private  citi- 
zens, inaugurated  by  a  chamber  of 
commerce  or  other  society  or  by  a  com- 
mittee formed  for  the  purpose  and  sup- 
ported entirely  by  private  funds.  By 
such  experiments  the  feasibility  and 
usefulness  of  planning  was  proved  suffi- 
ciently to  induce  the  public  authorities 
to  adopt  it.  Thus  to  this  citizen  move- 
ment we  owe  official  city  planning  in 
this  country;  and  any  community 
which  cannot  obtain  an  official  plan- 
ning commission  should  form  an  un- 
official one,  as  a  first  step  to  that  end. 

^And  for  Counties  in  the  few  cases  in  which 
they  have  attempted  to  plan;  See  Appendix  A, 
Table  of  Statutes. 

-Special  Laws,  Conn.  1907,  no.  61,  amended; 
ib.  1909,  no.  34,  sec.  6,  and  no.  74. 


someness  of  the  place,  and  as  a  consequence  it 
reacts  upon  the  morals  and  spiritual  power  of 
the  people  who  live  under  such  surroundings. 
The  demands  of  a  large  city  may  excuse  conges- 
tion but  in  a  small  city  or  a  country  town  there 
is  no  excuse  for  such  living  conditions.  But  un- 
less some  authority  controls  and  regulates  the 
land  development,  we  may  look  for  too  narrow 
streets,  too  few  or  no  building  lines,  and  build- 
ings erected,  unstable  in  character,  unsuitable 
in  material,  and  inappropriate  in  construction. 
Our  large  communities  all  have  their  examples 
of  the  unregulated  layout  of  streets  and  build- 
ing lines  and  buildings;  of  instances  of  land  de- 
velopment so  as  to  yield  the  last  penny  to  its 
promoters  regardless  of  the  public  welfare;  of 
community  eyesores;  or  streets  made  over, 
whole  sections  changed,  because  at  the  begin- 
ning no  reasonable  provision  was  made  for  the 
safety,  health  or  welfare  of  the  community. 

"Such  an  Act  as  this  is  conceived  in  public 
wisdom  and  serves  great  public  ends.  Courts 
will  be  reluctant  to  destroy  it  and  with  it  its 
beneficent  purposes."     95  Conn.  362-s. 

It  should  be  noted  that  there  is  a  material 


difference  between  the  Connecticut  statute  and 
the  statutes  for  the  establishment  of  city  plans 
sustained  by  the  courts  of  Pennsylvania  and 
held  invalid  in  all  the  other  states  in  which  the 
question  has  been  raised.  The  Connecticut 
statute,  unlike  the  others,  provides  for  a  modi- 
fication of  the  plan  to  suit  special  circumstances 
and  remove  special  hardships,  granting  the  land 
owner  feeling  himself  aggrieved  an  appeal  to  the 
regular  courts  for  the  purpose;  and  it  is  for 
this  reason  that  the  Connecticut  judges,  in  the 
case  under  examination,  in  which  the  owner  did 
not  avail  himself  of  this  method  of  relief,  is 
justified  in  assuming  that  "the  regulations  as  to 
the  lay  out  of  the  streets  and  building  lines, 
and  as  to  the  issuance  of  building  permits,  are 
reasonable  for  that  section  and  location."  It 
may  well  be  that,  under  Connecticut  law  and 
procedure,  provisions  for  modification  of  the 
plan  by  appeal  to  the  regular  courts,  especially 
in  administering  an  act  which  applies  only  to 
outlying  territory,  would  work ,  well;  whereas 
under  acts  to  be  made  applicable  also  to  city 
land,  provisions  for  a  board  of  appeal,  more  or 
less  as  suggested  in  the  draft  act  given  above, 
would  be  more  appropriate. 


THE  LAW  OF  THE  CITY  PLAN 


13 


In  the  beginning  of  the  city  planning 
movement  planning  commissions  were 
often  created  for  the  purpose  of  pre- 
paring a  city  plan,  and  when  this  was 
done,  ceased  to  exist;  but  the  mistake 
of  such  a  policy  is  now  generally  re- 
alized, and  almost  invariably  perma- 
nent commissions  are  now  appointed. 
The  city  is  not  a  static  thing  to  be  made 
complete,  according  to  model  once  for 
all,  but  a  growing  and  changing  or- 
ganism. Not  only  must  the  plan  be 
prepared  but  it  must  be  enforced  on 
forgetful  and  sometimes  unwilling  city 
officials  and  property  owners,  and  add- 
ed to  or  modified  as  the  growth  and 
change  of  the  city  demands.  All  this 
requires  the  watchfulness  and  study  of 
a  planning  executive,  —  a  duty  which 
the  commission  that  prepared  the  plan, 
if  a  proper  one,  is  best  fitted  to  per- 
form. The  planning  commission  should, 
therefore,  from  the  start  be  a  perma- 
nent one. 

Official  commissions  can  come  into 
existence  only  by  virtue  of  law;  but 
it  does  not  follow  that  in  all  cases  an 
express  law  must  be  passed  authorizing 
such  a  commission  or  it  will  be  im- 
possible to  obtain  one.  If  the  com- 
mission is  to  have  simply  advisory 
power,  —  and,  as  we  shall  see,  such  a 
commission  is  by  no  means  powerless, 
—  the  city  can,  in  all  probability,  create 
it  under  its  general  powers;  and  in 
many  cities  planning  commissions  cre- 
ated by  the  legislative  body  of  the  city, 
or  planning  committees  of  that  body 
appointed  by  it,  to  whom  it  refers  plan- 
ning matters  which  come  before  it,  ex- 

In  a  number  of  states  some  or  all 
cities  or  other  local  governments  are 
given  by  law  or  constitutional  enact- 
ment the  "home  rule"  right  to  adopt 
or  amend  their  own  charters  and  may, 
therefore,  include  in  them  a  provision 
for  a  city  planning  commission,  with 
more  than  advisory  power,  if  that  is 
their  desire;  the  extent  of  that  power 


ist,  and  have  done  good  work  without 
any  express  provision  of  law  authoriz- 
ing them.' 

depending  upon  the  laws  and  constitu- 
tion of  the  particular  state.'  As  a  rule 
such  cities  may  give  planning  commis- 
sions so  created  all  the  planning  power 
which  the  city  itself  possesses.  Cities 
under  a  commission  form  of  govern- 
ment do  not  consider  it  a  departure 
from  principle  to  create  planning  com- 
missions. 

In  several  states  planning  commis- 
sions, for  all  or  certain  classes  of  cities 
or  individual  cities  or  cities  and  smaller 
communities  are  provided  for  by  ex- 
press statute.^  Under  these  statutes 
the  local  authorities  are  in  some  cases 
directed  to  create  commissions;''  but 
most  of  these  statutes  are  permissive, 
these  authorities  being  given  the  power 
to  exercise  or  not  as  they  see  fit.  The 
advantage  of  permissive  statutes  is 
that  they  compel  the  advocates  of 
planning  to  educate  the  community  to 
its  use  before  the  attempt  to  plan  is 
made. 

There  are  various  methods  of  ap- 
pointing or  designating  the  members  of 
planning  commissions.  When  the  com- 
mission comes  into  existence  under  the 
city's  general  powers,  if  created  by  the 
mayor,  its  members  are  appointed  by 
him;  or  if  created  by  the  council,  its 
members  are  appointed  by  it  or  it  au- 
thorizes the  mayor,  with  or  without  its 
concurrence,  to  appoint  them;  for  while 

'Examples  of  planning  bodies  so  created  are 
the  Commission  for  Bridgeport,  Connecticut, 
authorized  by  the  Common  Council  August  18, 
191 3;  that  for  Providence,  Rhode  Island,  au- 
thorized by  ordinance,  ch.  599.  No.  407.  ap- 
proved December  2,  191 3;  and  the  committee 
of  the  Board  of  Estimate  and  Apportionment 
of  New  York  City,  authorized  by  it  January, 
1914. 

^See  on  this  subject  generally  ''The  Law  and 
Practice  of  Home  Rule,"  by  Howard  Lee  Mc- 
Bain,  Columbia  University  Press,  New  York, 
1916. 

■''See  Appendix  A,  Tables  of  Statutes. 

*As,  for  instance,  in  Massachusetts:  the  cita- 
tion is  i.'i\-en  in  the  table  just  referred  to. 


14 


NATIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


there  is  no  legal  reason  why  there 
should  not  be  more  than  one  such  plan- 
ning commission  in  existence  in  the 
same  city  at  the  same  time,  it  is  not 
probable  that  this  will  occur. 

When  commissions  are  formed  by 
virtue  of  a  statute  or  a  charter  provi- 
sion, the  statute  or  charter  provides 
for  a  method  of  their  appointment. 
In  some  cases  the  city  council,  author- 
ized to  create  a  commission  if  it  sees 
fit,  is  also  authorized  to  decide  how  its 
members  shall  be  named;  but  usually 
the  law  directs  that,  in  so  far  as  the 
members  are  not  designated  by  law, 
they  shall  be  appointed  by  the  mayor 
or  by  the  mayor  and  council.  Ap- 
pointment solely  b}'  the  mayor  would 
seem  to  be  the  better  method.  The 
principle  of  centralizing  both .  power 
and  responsibility  in  government  is 
now  universally  regarded  as  the  correct 
one,  especially  in  the  appointment  of 
officers  for  the  performance  of  duties 
with  regard  to  which  the  general  public 
has  little  knowledge  and  interest.  This 
is  a  part  of  the  well  known  ''short  bal- 
lot" principle. 

MEMBERSHIP  OF  COMMISSION 

The  number  of.  members  of  the  com- 
mission is  as  a  rule  between  five  and 
fifteen,  the  usual  number  being  seven 
or  nine.  In  special  cases,  as  in  metro- 
politan planning,  where  several  local 
governments  are  involved,  there  -is 
much  to  be  said  for  a  large  commis- 
sion, although  even  in  that  case  it 
should  be  avoided  if  politically  possi- 
ble; and  often  for  special  work  such  as 
for  instance  the  preparation  of  zoning 
regulations  and  maps,  a  representation 
of  the  various  interests  involved  larger 
than  that  which  the  usual  planning 
commission  affords,  seems  desirable; 
but  a  sub-committee  may  be  formed  to 
aid  in  that  work,  without  enlarging  the 
permanent  commission.  That  com- 
mission in  city  planning  should  as   a 


rule  be  kept  small;  for  while  it  is  im- 
portant that  it  should  be  representa- 
tive, it  is  even  more  so  that  it  should 
be  efficient,  as  the  large  commission  in 
executive  work  seldom  is. 

The  provisions  with  regard  to  the 
qualifications  which  the  members  of 
the  commission  shall  have  for  the  work 
vary  in  the  different  laws  and  ordi- 
nances under  which  the  commissions 
are  appointed,  in  some  cases  the  ap- 
pointing authority  being  left  free  to  use 
its  own  judgment,  in  others  that  au- 
thority being  required  to  select  men 
skilled  or  learned  in  certain  matters;  in 
still  others,  and  this  is  the  more  com- 
mon provision,  the  law  requiring  that 
a  part,  generall}^  from  a  half  to  three- 
quarters  of  the  whole,  shall  be  the  in- 
cumbents of  certain  designated  city 
offices,  while  the  rest,  to  be  selected  by 
the  appointing  authority,  shall  be  citi- 
zens holding  no  other  city  office.  In  a 
few  cases  the  law  provides  that  not 
more  than  one  or  two  of  these  selected 
members  may  be  non-residents. 

The  city  officials  who  ex-officio  are 
oftenest  designated  as  members  of  the 
planning  commission,  are  (in  the  order 
of  frequency)  the  mayor,  the  chief  of 
the  department  of  public  works,  the 
head  of  the  park  board  or  department, 
and  the  city  attorney.  Often,  too,  a 
representative  of  the  legislative  branch 
of  the  city  government,  or  even  repre- 
sentatives of  its  two  branches,  if  it  is 
bicameral,  are  so  made  members.  The 
periods  of  time  for  which  the  selected 
commissioners  are  appointed  are  usual- 
ly made  overlapping  so  as  to  secure  a 
measure  of  continuity. 

The  reason  for  including  on  the  com- 
mission both  cit)'  officials  and  lay  mem- 
bers is  that  both  the  immediate  and 
the  more  far-reaching  points  of  view 
may  be  represented.  The  plan  must 
be  sufficiently  Ideal  to  provide  for  prog- 
ress, sufficiently  general  to  unify  the 
city  In  its  growth,  sufficiently  prophetic 


THE  LAW  OF  THE  CITY  PLAN 


IS 


to  provide  for  the  future;  but  the  ideals 
must  be  capable  of  practical  fuliilment 
and  closely  related  to  the  city  as  it  is. 
There  is  also  the  danger,  especially  in 
the  large  cities,  that  the  officials  will 
be  too  busy  with  what  they  are  likely 
to  regard  as  duties  which  are  more  spe- 
cially theirs,  to  give  attention  to  plan- 
ning. The  individual  problems  of  each 
city  may  well  modify  the  ■  choice  of 
members  for  the  commission.  It  should 
be  remembered,  however,  that  the  com- 
mission is  entitled  to  the  assistance  and 
advice  of  the  city  officials.  There  is, 
for  instance,  little  need  for  including 
the  city  attorney  as  such  in  the  mem- 
bership. 

THE  POWERS   OF  COMMISSION 

The  powers  of  commissions  in  mat- 
ters relating  to  city  planning  under  the 
various  laws  may  be  characterized  as 
those  of  (i)  general  advice;  (2)  advice 
a  prerequisite  to  action  by  other  city 
authorities;  (3)  advice  which  may  be 
overruled  only  by  more  than  a  majori- 
ty \"ote  of  the  city  council;  (4)  absolute 
control;  (5)  in  addition  such  commis- 
sions are  given  powers  of  various  sorts 
with  regard  to  special  phases  of  plan- 
ning, are  made  the  agent  of  the  city  in 
various  matters  of  city  construction  or 
are  required  to  perform  certain  duties 
for  the  city. 

General  Advice 

Practically  all  planning  commissions, 
including  those  which  are  granted  ad- 
ditional powers,^  are  given  the  right  to 
make  a  plan  of  the  city  and  its  en- 
virons, whether  within  the  legal  limits 
of  the  city  or  not.  This  plan  as  a  rule 
may  contain  anything  which  the  com- 
missioners think  bears  on  the  planning 
and  construction  of  the  city,  even  if  In 
some  cases  the  city  has  no  power  to  act 
on  It.    The  commission  may  also  make 

^Such  as,  for  instance,  those  created  under 
the  Minnesota.  New  Jersey  and  New  York  laws, 
eiven  in  full  in  Appendix  B.  Text  of  Selected 
Statutes. 


reports  on  any  or  all  of  these  matters, 
and  give  advice  to  city  officials,  or  pri- 
vate corporations  and  individuals  with 
regard  to  them.  The  right  to  receive 
full  information  of  the  action  of  the 
city  authorities  on  planning  matters  as 
soon  as  it  is  inaugurated  and  before 
such  action  becomes  final,  is  often 
added. 

Innocuous  as  this  power  seems,  it  is 
nevertheless  most  useful.  A  good  plan, 
backed  up  by  intelligent  publicity,  of 
itself  has  great  influence  on  the  com- 
munity and  on  city  officials.  Gradu- 
ally some  of  Its  features,  more  or  less 
modified,  sometimes  for  the  better,  of- 
ten, unfortunately,  for  the  worse,  are 
carried  out;  and  even  if  city  improve- 
ments, rightly  or  wrongly  so  called,  are 
made  in  disregard  of  it,  blocking  some 
of  its  Important  features,  there  is  every 
probability  that  its  influence  for  good 
will  reassert  itself  later.  Most  of  the 
earlier  commissions  were  given  merely 
the  power  of  advice,  and  nevertheless 
justified  their  existence;  and  a  number 
of  the  later  statutes  are  similar  In  this 
respect.- 

Advice  a  Prerequisite  to  Actioji  by 
Other  City  Authorities 
Most  of  the  recent  laws  for  the  crea- 
tion of  planning  commissions,  in  addi- 
tion to  granting  them  the  power  of 
'■general  advice,"  provide  that  before 
any  other  city  authority  takes  final 
action  on  any  one  of  certain  specified 
matters,  it  shall  notify  the  commission 
and  await  for  a  certain  time  a  report 
from  it.  That  report  the  commission 
is  given  the  right  and  duty  to  submit, 
but  the  authoritv  concerned  mav  dis- 


-As,  for  instance,  the  commissions  appointed 
under  the  Massachusetts  laws.  The  reference  is 
given  in  Appendix  A.  Tables  of  Statutes.  Of 
this  character  also  are  the  laws  of  New  Jersey, 
191 1,  ch.  71,  and  1913.  chs.  72  and  170.  and  the 
later  laws  of  California.  Nebraska  and  Oreeon, 
listed  in  the  Tables  of  Statutes,  just  referred  to. 


i6 


Nl^TIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


regard  if  it  sees  fit.'  This  is  in  ac- 
cordance with  the  best  thought  on  the 
conduct  of  representative  government. 
If  power  and  therefore  responsibiHty 
are  divided  between  the  commission 
and  the  authority  concerned,  the  voters 
do  not  know  whom  to  hold  accountable 
for  action  or  inaction  and  its  results; 
but  under  the  provision  in  question 
that  authority  is  required  to  listen  to 
the  advice  of  experts,  but  must  itself 
act  and  assume  full  responsibility  for 
so  doing,  in  other  words,  is  unable  to 
indulge  in  the  favorite  political  game  of 
"passing  the  buck." 

Advice   zvhich    may    be    overruled   by 

viore  than  a  Majority  Vote  of 

City  Council 

In  several  laws  and  ordinances  for 
the  creation  of  planning  commissions 
the  recommendations  of  the  report 
which  is  a  prerequisite  to  final  action 
can  be  disregarded  only  by  a  vote  of 
more  than  a  majority  of  the  city  coun- 
cil, the  usual  requirement  being  two 
thirds.^  The  purpose  of  such  a  re- 
quirement is  to  increase  the  power  over 
city  planning  matters  of  the  experts  in 
these  matters  without  unduly  dividing 
authority.  In  certain  matters  where 
stability  is  especially  important  there 
is  much  to  be  said  for  such  a  provision; 
but  its  wisdom  In  all  the  many  matters 
of  city  government  and  construction 
which  should  be  within  the  jurisdiction 
of  the  planning  commission  Is  more 
doubtful;  for  certainly  city  business 
must  be  promptly  done,  and  It  is  to  be 
feared  that  by  such  a  requirement 
either  the  field  of  usefulness  of  the 
commission  would  be  unduly  limited, 

^The  law  of  Minnesota  is  of  this  class;  and 
also  the  special  law  for  Hartford,  Connecticut, 
already  mentioned,  special  laws  for  a  number  of 
other  Connecticut  cities,  and  the  law  of  Wiscon- 
sin, in  the  table  just  referred  to.  See  in  this 
connection  also  the  New  York  law,  printed  in 
full  in  Appendix  B,  Text  of  Selected  Statutes. 

^To  this  effect  is  the  law  of  New  Jersey 
printed  in  full  in  .Appendix  B.  Text  of  Selected 
Statutes. 


or  the  city's  business  confused  and  de- 
layed. 

Absolute  Control 

In  one  or  two  cases"'  the  commission 
Is  given  the  right  to  make  a  report  on 
the  matters  deemed  of  importance  in 
planning,  which  the  other  city  authori- 
ties must  follow;  or  Is  made  the  power 
In  the  first  instance  to  decide  and  In 
some  cases  to  carry  out  the  clt}''s  pol- 
icy in  these  matters.  Under  such  a 
system  the  commission  Is  In  reality  the 
board  of  public  works  of  the  city, 
which  loses  the  advantage  of  having  a 
planning  commission  with  the  measure 
of  detachment  essential  to  the  task  of 
planning.  L'sually,  too,  such  matters 
have  a  legislative  side,  and  questions 
of  policy  with  relation  to  them  should 
be  decided  by  a  legislative  body,  with 
the  advice  and  subject  to  the  criticism 
of  experts.  If  the  commission  Is  given 
complete  authority  In  these  matters, 
this  advantage  Is  forfeited. 

Method  of  Conferring  Pozvers  up07i 
Co7n  mission 

The  powers  granted  to  commissions 
vary  greatly  In  character,  and  the 
methods  of  conferring  them  should 
vary  accordingly.  In  so  far  as  the 
power  is  that  of  "general  advice," 
which  other  officials  may  profit  by  but 
are  not  required  to  regard  or  even 
await  In  their  action,  there  can  be  no 
harm  and  may  be  much  good  in  giving 
this  power  In  the  broadest  terms;  and 
such  Is  the  general  practice.  Even 
matters  with  regard  to  which  the  city 
has  no  legal  right  to  act  are  included. 
This  Is  done,  as  a  rule,  by  empowering 
the  commission  to  make  a  map  of  the 
city  and  its  environs  within  and  with- 
out Its  legal  limits.  Including  In  It  all 
matters  which  the  commission  deem 
relevant,  and  also,  for  full  measure, 
giving  It  specifically  the  right  to  Inves- 

•'As  for  instance,  in  Cleveland,  under  the  pro- 
visions of  its  charter  and  ordinance,  printed  in 
full  in  Appendix  B,  Text  of  Selected  Statutes. 


THE  LAW  OF  THE  CTI  V  PLAN 


17 


tigate,  report,  and  advise  officials  and 
private  parties  on  all  such  matters. 

When  the  report  of  the  commission 
is  made  a  prerequisite  to  action  by 
other  city  departments,  this  power  of 
report,  whether  it  may  be  disregarded 
or  overruled  by  these  departments  or 
not,  should  be  limited  to  the  consid- 
eration of  the  more  general  aspects  of 
those  few  matters  which  most  vitally 
affect  the  city  plan;  for  the  number  of 
matters  which  relate  to  the  city  plan 
are  very  great  indeed;  there  is  very  lit- 
tle of  the  city's  business  which  does  not 
in  some  degree  or  detail  have  such  a 
bearing,  and  to  refer  most  of  the  busi- 
ness transacted  by  the  entire  body  of 
the  city's  officials  to  any  one  authority 
would  cause  intolerable  friction  and  de- 
lay, even  if  these  officials  were  under 
no  obligation  to  follow  its  advice. 

Perhaps  the  best  method  of  giving 
this  carefully  defined  power  to  the 
commission  is  to  establish  an  official 
city  map  of  those  features  which,  un- 
like the  commission's  "general  advice" 
map,  city  officials  shall  be  compelled 
to  follow.  This  map  should  become 
binding  when  adopted  by  the  legis- 
lative branch  of  the  city  government, 
and  should  of  course  be  amendable  in 
the  same  way  in  which  it  is  adopted. 
It  should  be  the  duty  of  the  planning 
commission  to  prepare  this  map  and 
suggest  such  additions  and  changes  in 
it  from  time  to  time  as  seem  desirable. 
Being  binding  upon  the  city  no  im- 
provement could  be  inaugurated  until 
first  made  legally  a  part  of  the  map; 
and  the  adoption  and  change  of  this 
map  should  be  forbidden  until  referred 
to  the  commission.  More  or  less  ade- 
quate precedents  for  such  a  map  exist 
in  legislation  and  practice  in  the  coun- 
try.^ In  default  of  such  a  map  the 
matters  in  which  a  report  from  the 
commission   is   a   prerequisite   to  final 

^Perhaps  the  best  is  that  of  New  York  City. 
For  a  reference  to  the  provisions  with  regard  to 
the  map  of  that  cit>-  see  page  10,  note. 


action  may  be  referred  to  it  by  naming 
them  in  the  statute  or  ordinance. 

Among  the  features  of  city  construc- 
tion which  it  seems  clear  should  be  re- 
ferred to  the  commission  in  this  way 
are  highways  of  all  sorts,  including 
parkways,  with  their  building  lines  or 
set  backs,-  sewers,  water  pipes,  con- 
duits, bridges,  viaducts,  tunnels,  and 
other  incidents;  and  parks,  play- 
grounds, squares,  and  other  public 
open  spaces,  and  the  water  front,  with 
its  pier  and  bulk  head  lines,  docks, 
warehouses,  and  other  harbor  improve- 
ments; and  public  buildings;  and  pri- 
vately owned  buildings,  such  as  street 
railway  stations  and  ferry  sheds,  in  so 
far  as  located  on  public  property;  and 
transit  lines  and  other  public  utilities, 
both  on  public  and  on  private  prop- 
erty, in  so  far  as  the  permit  for  them 
is  issued  by  the  city.  A  precedent  for 
the  inclusion  of  most  if  not  all  of  these 
features  will  be  found  in  legislation  in 
this  country."  Some  statutes  go  fur- 
ther, embracing  all  "public  improve- 
ments";* but  this  would  seem  to  be 
both  too  broad  and  too  indefinite. 

The  same  care  that  must  be  exer- 
cised in  deciding  what  features  of  city 
construction  shall  be  referred  to  the 
commission  is  needed  in  determining 
in  what  detail  these  selected  features 
shall  be  so  referred.  Certainly  it  should 
pass  upon  the  "location"  of  these  fea- 
tures, which  should  include  change  of 
location,  enlargement,  alteration,  dis- 
continuance, etc.;  and  upon  the  width 
and  grade  of  highways;  and  upon  the 
plotting  of  subdivisions  of  private  land: 

-Building  lines  or  set  backs  are  a  part  of  the 
official  map  of  New  York  City.  Laws.  1917. 
ch.  631-632  (called  "Court  Yards  Abutting 
Streets"). 

3This  statement  is  based  upon  the  examina- 
tion of  the  statutes  for  the  preparation  and 
adoption  of  plans  or  maps  and  the  appoint- 
ment of  planning  commissions  cited  in  the  notes 
and  tables  of  this  article;  to  which  the  reader 
desiring  to  verify  it  is  referred. 

■♦Minnesota.  1919.  ch.  292. 


i8 


NATIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


for  all  of  which  there  is  precedent  in 
this  country. 

In  some  laws  the  commission  is  di- 
rected to  pass  on  the  "design"^  of  fea- 
tures with  regard  to  which  it  is  given 
jurisdiction.  This  is  giving  the  com- 
mission duties  proper  for  an  art  com- 
mission to  perform,  and  is  wise  only 
when  such  a  course  is  advisable. 

Art  Connyiissions 

In  several  statutes-  the  planning 
commission  is  also  the  art  commission 
of  the  city.  Except  in  small  cities  'or 
towns,  where  it  may  be  difficult  to  find 
suitable  men  in  sufficient  numbers  to 
serve  on  the  two  bodies,  the  wisdom 
of  this  course  is  doubtful.  To  prove 
this  assertion  fully  it  would  be  neces- 
sary to  define  the  duties  of  art  com- 
missions, which,  for  lack  of  space,  can- 
not be  done  adequately  here.  Briefly, 
the  main  duties  of  such  commissions 
are  two  in  number:  they  should  guide 
the  city  in  its  own  work  and  defend  it 
from  the  mistaken  generosity  or  ego- 
tism of  donors,  in  order  that  it  may  not 
be  defaced  but  adorned  in  its  growth. 
It  is  true  that  beauty  is  and  must  be  an 
integral  part  of  construction  and  not 
an  afterthought;  it  is  true  that  beauty 
and  fitness  for  the  purposes  for  which 
the  structure  or  other  improvement  is 
intended  cannot  be  divorced,  or  either 
one  of  them  considered  separate  from 
location.  Nevertheless  the  type  of  man 
who  is  fitted  to  serve  on  an  art  com- 
mission and  on  a  planning  commission 
are  widely  different,  and  better  results 
will  be  obtained  where  it  Is  possible  to 
keep  the  two  commissions  co-operating 
but  separate. 

Miscellaneous  Poivers 

In  the  various  planning  laws  and 
ordinances  commissions  are  given  a  va- 

^As.  for  instance,  in  the  Wisconsin  statute, 
already  referred  to. 

2As.  for  instance,  the  law  for  the  planning  of 
third-class  cities,  etc..  in  New  Jersey,  printed  in 
full  in  Appendix  B,  Text  of  Selected  Statutes. 


rlety  of  specific  and  limited  powers  and 
entrusted  with  a  number  of  duties, 
some  more  or  less  closely  related  to 
planning  and  others  having  no  par- 
ticular connection  with  it.  The  disad- 
vantages of  combining  planning  and 
art  commissions  have  already  been 
pointed  out.  The  union  of  the  plan- 
ning and  park  boards,  as  provided  for 
in  some  laws,  ^  is  open  to  the  same  ob- 
jection. The  planning  of  the  details  of 
parks,  and  their  use  and  maintenance, 
is  a  task  which  should  be  entrusted  if 
possible  to  specialists.  Under  some 
laws  the  commission  Is  given  full  pow- 
er In  the  selection  and  condemnation 
of  land  for  certain  public  purposes, 
such  as  parks.*  This,  to  the  extent  that 
it  makes  the  commission  practically  the 
board  of  public  works  or  the  council  of 
the  city,  is  open  to  the  same  objections 
that  have  been  urged  to  other  provi- 
sions having  such  a  result.  Without 
citing  all  the  powers  of  this  nature  con- 
ferred upon  planning  commissions  in 
the  various  laws  and  ordinances,^  It 
may  be  said  in  general  that  in  so  far  as 
possible  the  duties  of  the  commission 
should  be  limited  to  planning. 

Zoning 

The  duty  of  preparing  and  to  some 
extent  administering  the  zoning  regula- 
tions of  cities  is  of  late  more  and  more 
entrusted  to  planning  commissions. 
This  Is  planning  work  which  such  com- 
missions are  well  fitted  to  do.  Such  a 
policy  tends  to  unify  all  branches  of 
planning.  To  what  extent  the  policy 
is  feasible  and  how  It  should  be  carried 
out  and  how  aided  by  the  work  of 
other  authorities  cannot  be  developed 

%Iass.  Acts  1915,  ch.  165;  ordinance.  City  of 
Schenectady.  New  York,  approved  December  9. 
1912;  Connecticut  Special  Laws  1913.  no.  351, 
sec.  ID. 

■^Detroit  Charter,  ch.  X,  sec.  7  (f);  Akron, 
Ohio,  Charter,  sec.  102. 

^See  Detroit  Charter,  ch.  X,  sec.  7  (C); 
Connecticut  Special  Laws  1907,  no.  61,  sec.  5; 
Minnesota  1919,  ch.  292,  sec.  3. 


THE  LAW  OF  THE  CITY  PLAN 


19 


here.  Fortunately  the  subject  has  just 
been  treated  most  ably  and  fully  in  the 
"Zoning"  supplement  to  this  magazine 
already  referred  to. 

METROPOLITAN    PLANNING 

It  is  a  common  thing  for  a  city  in  its 
growth  to  overflow  into  the  territory 
outside  its  legal  limits.  Before  this 
occurs  it  is  essential  to  the  best  inter- 
ests of  all  concerned  that  this  outlying 
territory,  destined  in  fact  if  not  in  law 
to  become  a  part  of  the  city,  should  be 
laid  out  in  conformity  with  the  plan 
of  the  city,  and  to  that  end  it  is  most 
desirable  that  both  should  be  under 
some  common  planning  authority.  This 
can  be  brought  about  completely  by  a 
reasonable  extension  of  the  city's  legal 
limits,  or  to  some  extent  by  giving  the 
city  the  power  to  approve  plans  for  the 
plotting  of  extensions  or  other  subdivi- 
sions outside  and  within  a  certain  dis- 
tance of  the  city's  boundaries.  When 
this  outside  territory  is  already  more  or 
less  thickly  populated,  and  organized 
into  local  governments,  there  is  still 
the  possibility  and  the  need  of  making 
common  plans  for  the  further  develop- 
ment of  what  is  sociologically  one  great 
city  divided  by  artificial  jurisdictional 
lines.  In  this  case  the  city  boundaries 
may  still  be  'enlarged  to  take  in  these 
communities  but  there  are  many  ob- 
jections to  the  extension  of  the  plan- 
ning jurisdiction  of  the  city  over  local 
communities  which  have  no  voice  in 
the  city's  government.  A  third  alter- 
native is  the  creation  of  a  metropolitan 
planning  district,  with  a  planning  com- 
mission, in  which  all  the  local  govern- 
ments are  represented,  at  its  head.  In 
this  way  planning  is  done  as  a  unit; 
but  in  other  matters  the  local  com- 
munities govern  themselves,  unless,  in- 
deed, there  are  other  activities  which 
these  communities  find  it  expedient  to 
exercise  in  common.     There  is  prece- 


dent for  such  commissions  in  this  coun- 
try.^ 

INTERSTATE    METROPOLITAN    PLANNING 

Where  the  metropolitan  district  con- 
sists of  many  cities  and  towns,  as  for 
instance  the  districts  around  Boston, 
Philadelphia  or  New  York,  it  is  too 
late  to  prevent  the  complexity  and  con- 
fusion which  already  exist,  and  also 
more  obviously  necessary,  as  wxU  as 
difficult,  to  mitigate  their  effects  and 
prevent  their  increase  by  metropolitan 
planning.  Where  the  district  is  in  two 
states  the  legal  difficulty  of  creating  a 
common  authority  would  not  seem  to 
be  insuperable.  A  common  policy  in 
the  planning  of  the  water  front  and 
tributary  territory  under  the  jurisdic- 
tion of  the  one  hundred  and  five  mu- 
nicipalities and  the  other  local  govern- 
ments in  the  states  of  New  York  and 
New  Jersey,  that  make  up  the  port  of 
New  York  and  the  territory  properly 
associated  with  it  in  port  development, 
has  led  these  states,  by  compact  be- 
tween them,  ratified  by  the  United 
States  government,  to  create  a  Port  of 
New  York  Authority ;  which  is  now  en- 
gaged in  making  the  plans  for  the  work 
which  it  is  its  task,  when  made,  to  car- 
ry out." 

REGIONAL    PLANNING 

A  city  is  not  complete  in  itself,  but 
dependent  upon  the  resources  of  the 
district  in  which  it  is  situated,  just  as 
that  district  is  dependent  upon  the  city 
where  its  interests  focus.  Quite  as  im- 
portant as  city  planning  is  the  planning 
of  entire  regions,  with  their  resources, 
and  the  distribution  of  population  and 
industry  with  due  relation  to  these  re- 
sources. There  is  as  yet  no  provision 
for  the  enforcement  of  any  such  plan. 

^In  Pennsylvania.  The  statute  is  given  in 
full  on  p.  686. 

-See  Planning  Commissions,  New  Jersey,  and 
Xe\v  York  in  Appendix  A.  Tables  of  Statutes, 
Interstate  Planning  Commission,  in  Text  of  Se- 
lected Statutes,  and  Metropolitan  Planning  in 
Appendix  C,  Bibliography. 


20 


NATIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


If  made,  it  would  be  advisory,  and  as 
such,  nevertheless,  of  great  value. 
There  is  no  legal  reason  why  the  na- 
tion, or  state,  or  any  local  government 
within  the  state,  should  not  make  re- 
gional plans  for  the  information  of  its 
citizens. 

•  COUNTY    PLANNING 

A  county,  if  its  characteristics  are 
those  of  a  metropolitan  district,  may, 
and  if  properly  organized  for  the  pur- 
pose should,  be  empowered  to  do  met- 
ropolitan planning.  In  so  far  as  it  is 
not  such  a  district,  there  is  every  rea- 
son why  it  should  do  regional  plan- 
ning. Many  features  of  the  county, 
such  as  parks,  main  roads,  sewerage 
and  streams,  could  with  advantage  be 
regulated  for  the  common  good  of  all 
its  inhabitants.  The  county  could  also 
encourage  local  planning  within  it,  and 
the  formation  of  local  planning  com- 
missions for  the  purpose.  There  are 
already  two  such  planning  commissions 

Un  New  Jersey  and  New  York;  Appendix  A, 
Tables  of  Statutes. 

-This  power  is  exercised  by  the  officer  or  de- 
partment having  supervision  in  the  particular 
province,  over  local  government. 

•''Under  the  Commission  of  Conservation,  cre- 
ated by  8-9  Edward  VII,  ch.  27  (1909);  9-10 
Edward  VII.  ch.  42  (1910);  and  3-4  George  \'. 
ch.  12  (1913 ).  Canada. 

*See  appendix  A,  Tables  of  Statutes  and  Ap- 
pendix B,  Text  of  Selected  Statutes. 

'''The  proposal  in  question,  which  had  the  sup- 
port of  many  associations  and  individuals  inter- 
ested in  housing  and  planning,  was  embodied  in 
a  "Bill  to  create  a  Bureau  of  Housing  and  Liv- 
ing Conditions  in  the  Department  of  Labor.'" 
introduced  in  the  National  House  of  Representa- 


in  this  country,  with  advisory  power.' 

ST.\TE     PLANNING 

In  a  number  of  European  countries 
the  supervision  of  the  planning  of  local 
governments,  the  supplementing  and 
harmonizing  of  their  plans,  and  to  some 
extent  regional  planning,  are  functions 
of  the  central,  or  of  the  state  govern- 
ment. This  function  has  also  been  as- 
sumed by  a  number  of  the  provinces 
of  Canada-  and,  to  the  extent  of  ex- 
perimentation, investigation  and  ad- 
vice, by  the  dominion  government' 
In  this  country  one  of  our  states  has 
also  created  a  state  planning  authority 
with  advisory  powers,  and  bodies  with 
somewhat  similar  powers  exist  in  other 
states.^  The  creation  of  such  a  depart- 
ment of  our  national  government  has 
also  been  proposed.^  State  and  nation- 
al planning,  nowhere  developed  as  it 
should  be,  is  more  noticeably  lacking 
in  the  United  States,  and  more  needed, 
perhaps,  than  in  any  other  country. 

tives  (66th  Cong.,  ist  sess.,  July  8,  1919,  no. 
7014)  by  Congressman  Tinkham  of  Massachu- 
setts, which  failed  of  passage.  That  town  plan- 
ning was  intended  to  be  included  in  its  scope  is 
indicated  by  the  speech  of  its  introducer  (Cong. 
Record,  vol.  58,  p.  8913,  July  12.  1919).  Ob- 
\-iously  planning  is  the  proper  method  of  im- 
proving housing  and  living  conditions.  The 
Republican  national  platform,  also  has  come 
out  in  favor  of  making  available  to  the  people 
the  valuable  housing  and  town  planning  infor- 
mation which  the  national  government  has  col- 
lected during  the  war  and  keeping  it  up  to 
date;  there  has  now  been  created,  in  the  De- 
partment of  Commerce,  a  Division  of  Building 
and  Housing,  to  which  two  Advisory  Commit- 
tees, on  Building  Codes,  and  on  Zoning,  have 
been  appointed. 


I.   APPROVAL  OF  PL.\TS  A  PREREQUISITE 
TO  RECORD  OF  DEEDS 

Note  —  Except  as  otherwise  speci- 
fied, the  statute  applies  only  to  land 
within  the  city.  Where  It  applies  to 
land  outside,  and  within  a  certain  dis- 
tance of  the  exterior  limit  of  the  citv. 


Appendix  A 

TABLE  OF  STATUTES 

that  distance  Is  given.  In  a  few  cases 
the  statute  makes  it  unlawful  to  sell 
the  land  unless  its  requirements  are 
fulfilled.     These  statutes  are  starred. 

In  all  these  tables,  the  reference  is  to 
the  Session  Laws  unless  otherwise 
stated. 


THE  LAW  OF  THE  CITY  PLAN 


21 


Arizona.     1921.  ch.  27. 

California.  1915.  ch.  756.  p.  1512;  now  Gen- 
eral Laws,  Act  2065,  Sec.  4. 

Connecticut.  Hartford.  15  Special  Laws,  p. 
661   (1909,  No.  74.) 

Georgi.'V.  Fulton  County  and  City  oj  Atlanta. 
*I92I,  p.  216  (appro\'ed  August  10)  and  an 
identical  act,  *i92i,  p.  219  (approved  Au- 
gust 15),   (6  miles  outside  Atlanta.) 

Illi.vois.  192 1,  p.  260;  being  Smith's  Revised 
Statutes.  1921,  ch.  24,  sec.  72  (i^  miles); 
Counties,  1921.  p.  385;  being  Smith's  Re- 
vised Statutes,  1921,  ch.  34,  sec.  25. 

Lndiaxa.  1921,  p.  561  (5  miles);  being  Burns, 
1921  Suppt..  sec.  8657. 

Kansas.     192 i,  ch.  99.  139. 

Louisiana.  Constitution  and  Statutes.  1920, 
IL  1269.  being  .\ct  160  of  1918,  p.  271 
(Sec.  125),  (3  miles.) 

Massachusetts.  General  Laws,  192 1,  ch.  41, 
sees.  73-81. 

Minnesota.     1919.  ch.  292,  p.  300. 

Missouri.  *i92i,  p.  509  (approved  March 
30.) 

Nebraska.     191 7,  ch.  87   (3  miles.) 

New  Jersey.  P.  L.  191 2,  p.  436.  amended 
1913.  p.  119.  now  Comp.  Stat,  ist  suppt. 
1911-15)  p.  413.  sees.  25-27. 

New  York.  191 3.  ch.  699,  adding  Art.  12-A 
to  the  General  Municipal  Law;  New  York 
City,  1916.  ch.  513,  amending  charter,  sec. 
1540;  Rochester,  1921,  ch.  524;  Syracuse, 
191 3.  ch.  370  (3  miles.) 

Ohio.     General  Code,  1910,  sec.  4346  (3  miles.) 

Oregon.     1919,  ch.  311. 

Pennsylvania.  1911.  June  10;  P.  L.  872;  be- 
ing Pa.  St.  1920  (Penn.  Statutes  complete 
to  1920,  West  Publishing  Co.),  sees.  3723- 
3727;  amended  1921,  May  17;  P.  L.  841. 
1913.  July  16:  P.  L.  752.  sec.  3.  being  Pa. 
St.  1920.  sec.  4381   (3  miles.) 

\'irginia.     191 8.  ch.  419  (15  miles.) 

Wisconsin.  1909,  ch.  162,  amended  1917,  ch. 
404;  now  Statutes.  1921.  sec.  62.  23  subd. 
(2)    (i^  miles.) 


II. 


CITY  PLAN 


Laws  for  the  appointment  of  Plan- 
ning Commissions  (for  which  see  Ta- 
ble HI)  usually  authorize  the  prepara- 
tion, and  in  some  cases  the  adoption  of 
a  plan,  as  do  also  the  following  statutes. 
Connecticut.     Revised    Statutes.     1918,    sees. 

388,  390,  1921,  ch.  30. 
Maryland.     Baltimore.     See   ''Code   of   Public 

Local  Laws  of  Maryland,"  sees.  84-86,  art. 

4,    title.     "City    of    Baltimore,"    sub-title. 

'"Charter." 
Michigan.     1921.  No.  348,  amended  1921,  2nd 

Extra  Session,  No.  5. 
New  York.     New  York  City.     Charter  (4th  ed. 

1918,  Ash),  ch.  X.  title  4  (sees.  438-449): 

Buffalo,  Charter,  sec.   365,  added  by  laws. 

1922,  ch.  411. 
Pennsylvania.     1891.  May  16;  P.  L.  75;  sec. 

12  amended  1913.  July  22;  P.  L.  902  to  be 


found  in  Pa.  St.  1920,  sec.  19476;  sec.  9 
amended  192 1,  May  17;  P.  L.  844;  repealed 
with  relation  to  boroughs  by  sec.  i  of  art. 
I  of  ch.  XIII  of  Act  of  1915,  May  14;  P. 
L.  312.  Townships,  first  class,  See  Pa.  St. 
1920.  sec.  7072.  Boroughs,  ib.  sees.  1861- 
1866.  State  highways,  192 1,  Apr.  6;  P.  L. 
107.  Philadelphia.  See  Pa.  St.  1920,  sees. 
19417-19418.  See  also  a  modification  of 
the  law  with  relation  to  parks  and  park- 
ways in  the  cities  of  the  first  class  (Phila- 
delphia) 1915,  June  7,  P.  L.  894,  being  Pa. 
St.  1920,  sees.  3 1 87-3 1 89,  which,  however, 
is  generally  regarded  as  contrary  to  cer- 
tain special  provisions  of  the  Constitution 
of  Pennsylvania.  See  Opinions  of  City  So- 
licitor of  Philadelphia,  p.  98  in  Philadelphia 
Ordinances  and  City  Solicitors'  Opinions, 
1920.  See  also  S\iuster  v.  Phila.,  239  Pa. 
St.  468  (191 3.) 

III.       PLAN  COMMISSIONS 

Lender  some  Statutes,  Plan  Commis- 
sions are  also  Art  Commissions.  These 
statutes  in  this  table  are  starred.  The 
Commissions  are  City  Commissions, 
unless  otherwise  noted. 

There  are  numerous  special  laws, 
charter  enactments,  and  home  rule  con- 
stitutional and  statutory  provisions, 
under  which  the  adoption  of  plans  and 
the  appointment  of  planning  commis- 
sions are  authorized,  and  in  many  cases 
have  occurred,  which  are  not  men- 
tioned in  this  table.  Commissions 
merely  with  advisory  powers  usually 
may  be  and  often  have  been  appointed 
without  express  statutory  authority. 

In  some  statutes  the  commission  is 
given  more  or  less  express  authority 
with  regard  to  zoning.  These  statutes 
are  marked  with  a  dagger  (t).  In  some 
zoning  statutes  such  authority  is  given 
city  planning  commissions.  These 
statutes  are  given  in  this  table,  marked 
with  a  double  dagger  {%). 

California.  ^1915.  ch.  428,  p.  708  now  Gen- 
eral Laws,  Act  2389].  The  statute  applies 
only  to  fifth  and  sixth  class  cities.  \Iany 
of  the  cities  oj  classes  I  to  IV  have  charter 
provisions  authorizing  the  appointment  of 
City  Planning  Commissions:  and  they  all 
have  the  power  to  adopt  home  rule  charter^ 
which  shall  include  such  a  power.  See  also 
1915.  p.  1514  (Capital  City  Planning  Com- 
mission) now  General  Laws,  .Act  3805. 
+  1917,  ch.  734.  p.  1419:  now  General  Laws. 
Act  431. 


22 


NATIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


Connecticut.  Many  cities  and  towns  have 
provisions  in  their  charters  or  are  em- 
powered by  ?pecial  statutes  to  appoint 
commissions;  as.  for  instance,  Hartford,  15 
Special  Laws,  p.  43  (1907  No.  61)  amended 

15  Special  Laws.  p.  634  (1909  No.  34)  sec. 
6  and  p.  661  (No.  74),  where  the  first  per- 
manent official  commission  in  this  country 
was  created;  also  A^ew  Haven,  16  Special 
Laws,  p.  897  (191 3  No.  243):  Xrzc  London, 

16  ib.  p.  103s  (1913  No.  351.)  Especially 
interesting  are  Windsor,  17  Special  Laws,  p. 
827  (1917  No.  133)  and  Bloomiield,  17 
Special  Laws,  p.  831  (1917  No.  134).  with 
relation  to  which  see  p.  of  this  pamphlet. 
Any  town,  city  or  borough  in  this  state  is 
now  empowered  to  create  such  a  commis- 
sion. 1 92 1,  ch.  30.  See  also  Revised  Stat- 
utes, 191 8,  sees.  391-396. 

Georgia,  Atlanta.     Xigii.  p.  665. 

Illinois.  "''1921,  p.  260,  being  Smith's  Revised 
Statutes,  ch.  24,  sees.  71-73. 

Indiana.  *t92i,  p.  561,  being  Burns,  1921 
Suppt.,  sees.  86s7-e-86s7-p.ti92i,  p.  660, 
being  Burns,  1921  Suppt.,  sees.  86ssa- 
86s  5  g- 

Kansas,  ist  Class  cities  over  200,000.  1921, 
ch.  99;  ti92i,  ch.  100. 

Kentucky.     1922. 

Massachusetts.  General  Laws,  1921,  ch.  41, 
sees.  70-72,  73-81;  ch.  45,  sec.  2. 

Michigan.  1921,  No.  348,  amended  1921.  2nd 
extra  session.  No.  5  (f).  (Home  Rule). 
1^1921,  No.  207.  Detroit.  *ttCharter,  ch. 
X  (1919.) 

Minnesota.  First  Class  Cities.  }i92i.  ch.  217, 
p.  267.  *'^tCertain  First  Class  Cities.  1919, 
ch.  292,  p.  300.  Under  Art  IV,  Sec.  36  of 
the  Constitution,  cities  and  villages  are  also 
given  the  right  to  frame  and  amend  their 
own  charters,  and  therefore  to  adopt  plans 
and  appoint  planning  commissions. 

Missouri.  Cities,  200,000-600,000.  ti92i,  p. 
177. 

Nebraska.  "1915.  ch.  213;  amended  1919,  ch. 
185.     Metropolitan  Cities.     ^1919,  ch.  185. 

New  Jersey.  First  Class  Cities.  P.  L.  191 1, 
p.  103,  ch.  71,  ti9i7,  p.  94,  ch.  54.  *P.  L. 
1913,  p.  112,  ch.  72.  First  and  Second 
Class  Cities.  tP.  L.  1918,  p.  338,  ch.  146, 
ti920,  p.  436,  ch.  229,  ti920,  p.  496.  ch. 
274.  ti922,  p.  309,  ch.  181.  Second  Class 
Cities.  *P.  L.  1913,  p.  281,  ch.  170.  Third 
and  Fourth  Class  Cities,  Boroughs,  etc., 
*P.  L.  1915,  p.  350,  ch.  188,  amended  P.  L. 
1916,  p.  377,  ch.  175;  P.  L.  1920,  p.  414.  ch. 
216;  P.  L.  1921,  p.  695.  ch.  218.  ti92i, 
p.  816,  ch.  276.  Boroughs,  tP.  L.,  1922,  p. 
691,  ch.  279.  Counties.  P.  L.  1918,  p. 
567,  ch.  185.  Art  XVI.  Port  Authority, 
P.  L.  1921,  pp.  412.  423,  chs.  151,  152;  P. 
L.  1922,  p.  25,  ch.  9  (approved  Feb.  2Sth.) 
The  plan  was  approved  by  the  U.  S.  Con- 
gress, Aug.  23,  1921.  See  also  P.  L.  1922, 
p.  191,  ch.  104. 


New  York.  1913,  ch.  699,  being  art  12-A  of 
General  Municipal  Law,  amended  1920,  ch. 
377;  1921,  ch.  464.  Syracuse,  1920,  ch. 
447;  amended  by  1922,  ch.  544.  Rochester, 
1917,  ch.  505.  JFestchester  County,  1915, 
ch.  109;  Toiuns  in  JFestchester  County, 
1922,  ch.  322,  adding  subd.  18  to  sec.  142-a, 
Town  Law.  Port  Authority,  1921,  chs.  154, 
203;  1922,  ch.  43.  The  plan  was  approved 
by   the  U.   S.   Congress   August   23,    1921. 

Ohio.  *Laws  106  v.  455  (1915)  being  *Code, 
sees.  4366,  1-6;  amended  ti9i9,  108  v. 
II 75,  adding  to  Code,  sees.  4366-7  to  4366- 
12.  Cleveland.  *Charter,  sec.  77.  Munici- 
palities are  also  by  home  rule  provisions, 
authorized  to  frame  their  own  charters, 
and  thus  obtain  power  to  adopt  maps,  ap- 
point planning  commissions,  etc. 

Oregon.  Portland.  *I9I9,  ch.  311,  now  *Laws 
1920,  sees.  3862-3872;  +1919,  ch.  300,  now 
Laws  1920,  sees.  3873-3878. 

Pennsylvania.  First  Class  Cities.  1919,  June 
25,  P.  L.  581,  sec.  10,  being  Pa.  St.  1920, 
sec.  2985.  Second  Class  Cities.  191 1, 
June  10;  P.  L.  872,  being  Pa.  St.  1920, 
sees.  3723-3727  amended  1921,  May  17; 
P.  L.  841.  1^1919,  June  21,  P.  L.  570.  being 
Pa.  St.,  sees.  3893-3896.  Third  Class  Cities. 
1913,  July  16;  P.  L.  752,  being  Pa.  St. 
1920,  sees.  4379-4384.  Metropolitan  Dis- 
trict, 191 3,  May  23;  P.  L.  339  (repealed  in 
191 5,  abolishing  the  Commission.) 

South  Carolina.  Spartanburg.  "1921,  No. 
417. 

Vermont.     1921,  No.  107. 

Wisconsin.  *i909.  ch.  162,  amended  1917.  ch. 
404.  now  Statutes,  1921,  sec.  62,  23  subd. 
(i)-(3).  Cities.  ^1917,  ch.  404,  being 
Statutes,  1921,  sec.  62.     23  subd.  5,  6. 


IV. 


ART  COMMISSIONS 


Except  as  otherwise  noted,  the  com- 
missions created  by  the  laws  given  be- 
low are  municipal  commissions.  To 
this  list  should  be  added  the  laws  cre- 
ating commissions  with  both  planning 
and  art  regulation  powers,  for  which 
see  table  III  ante} 

Alabama.      State    and    Local.      General    Acts, 

1919,  p.  880  (No.  636.) 
Arkansas.     State.     Dieest,    1921,  ch.   21    (sec. 

839.) 
Connecticut.     State,    General    Statutes,    1918, 

ch.  114,  sees.   2186-2192.     New  Haven,  14 

Special  Laws,  p.  728  (1905,  No.  294.) 
District  of  Columbia.     See  United  States. 

iThe  text  of  a  number  of  art  commission  laws 
and  statutes  will  be  found  in  Laws  relating  to 
Art  Conunissions,  printed  for  the  Art  Commis- 
sion of  the  City  of  New  York,  May,  1914. 


THE  LAW  OF  THE  CITY  PLAN 


23 


Illinois.  State.  1909,  p.  96;  now  Smith's  Re- 
vised Statutes.  1921,  ch.  127,  sec.  6,  50. 
Municipal.  1899,  p.  89;  amended  1915,  p. 
260;  now  Smith's  Revised  Statutes,  1921, 
ch.  24,  sec.  622-629;  Chicago,  Code  (Cal- 
laghan  and  Co.,  1911),  sees.  121-122. 

Massachusetts.  State.  General  Laws,  1921, 
ch.  6,  sees.  19-20.  Cities  and  Towns,  ib. 
ch.  41,  sees.  82-84.     Boston,  1898,  ch.  410. 

Minnesota.     General  Statutes.  191 3,  sec.  161 1. 

New  York.  Cities  of  First  and  Second  Class, 
1900,  ch.  327,  sees.  120,  122,  being  Gen- 
eral City  Law,  former  Art.  8,  renumbered 
(1911,  ch.  718)  Art.  XI-A  (sees.  165-167.) 
New  York  City,  Charter,  sees.  633-639. 
Mount  Vernon,  1909.  ch.  552. 

Ohio.     General  Code,  1910,  sees.  4343-4345. 

Pennsylvania.  State  and  Local.  1919,  May 
i;  P.  L.  103,  being  Pa.  St.  1920,  West 
Publ.  Co.,  sees.  17571-17578.  First  class 
Cities,  1919,  June  25;  P.  L.  581,  Art.  II, 
sec.  II,  being  Pa.  St.  1920,  sees.  2986-2991. 
Second  Class  Cities,  191 1,  May  12;  P.  L. 
291,  being  Pa.  St.  1920,  sees.  3720-3722. 

United  St.a.tes,  D.  C.  and  National.  Act  of 
May  17,  1900,  36  Stat.  L.  371,  ch.  243. 


Virginia.      State.      Code,    1919,    ch.    31     (sec. 

581-585.) 
Wisconsin.     Cities  of  First  Class  (Milwaukee), 

1911,  ch.  318,  amended  by  1915,  ch.  217. 

V.       STATE   PLANNING 

A  State  planning  department  has 
been  established  in  Pennsylvania,  un- 
der 1919,  April  4,  P.  L.  45.  The  Im- 
migration and  Housing  Commission  of 
California  (1917,  ch.  740,  p.  15 14,  now 
General  Laws,  Act  1589,  sec.  15-17) 
and  the  Department  of  Public  Welfare 
of  Massachusetts  (General  Laws,  192 1, 
ch.  121,  Sees.  23,  26,  27,  formerly  the 
Homestead  Commission)  collect  and 
disseminate  planning  information.  In 
Massachusetts  there  is  also  Federation 
of  Planning  Boards.  For  an  account 
of  the  planning  activities  of  the  Na- 
tional Government,  see  p.     ,  note. 


x\pPENDIX    B 


TEXT  OF  SELECTED  STATUTES 


I.       CITY  AND  STATE  PLANS 

I.     Pennsylvania  General  Plan  Act^ 

Sec  9.  Every  municipal  corporation  shall 
have  power  to  open,  widen,  straighten  or  extend 
streets  or  alleys  or  parts  thereof  within  its  limits 
and  to  vacate  street  or  alleys  or  parts  thereof 
.  .  The  widening  or  staightening  ordinances 
shall  fix  the  new  line  or  lines  and  may  require 
that  thereafter  no  owner  or  builder  shall  erect 
any  new  building  or  rebuild  or  alter  the  front 
of  any  building  already  erected  without  making 
it  conform  to  the  new  lines  in  which  case  the 
land  owners"  right  of  action  shall  accrue  only 
when  the  said  municipal  corporation  actually 
enters  on  and  occupies  the  land  within  the  said 
Hnes  or  the  said  building  is  located  or  relocated 
to  conform  to  said  lines.     .     .     . 

Sec  12.  Every  municipality  shall  have  a 
general  plan  of  its  streets  and  alleys,  parks  and 
playgrounds,  including  those  which  have  been 
or  may  be  laid  out,  but  not  opened:  which  plan 
shall  be  filed  in  the  office  of  the  engineer  or 
other  proper  office  of  the  municipality,  and  all 
subdivisions  of  property  thereafter  made  shall 
conform  thereto.  The  location  of  streets  or 
alleys,  or  parts  thereof,  or  parks  or  playgrounds. 
laid  out  and  confirmed  by  authority  of  coun- 
cils, shall  not  afterwards  be  altered  without  the 
consent  of  councils;  and  no  map  or  plot  of 
streets  or  alleys  or  parks  or  playgrounds,  shall 
be  entered  or  recorded  in  any  public  office  of 
the  county  in  which  said  municipality  is  situated 
until  approved  by  councils.  No  person  shall 
hereafter  be  entitled  to  recover  any  damages 
^  1921.  No.  59,  amended,  1913,  No.  430,  and 
1921,  No.  295;  see  also  1871,  No.  1258  (p.  1553, 
which  applies  only  to  Philadelphia.) 


for  the  taking  for  public  use  of  any  buildings  or 
improvements  of  any  kind  which  may  be  placed 
or  constructed  upon  or  within  the  lines  of  any 
located  street  or  alley,  or  park  or  playground, 
after  the  same  shall  have  been  located  or  or- 
dained by  councils. 

2.     Pennsylvania  State  Highway  Act^ 

Sec.  8.  The  State  Highway  Commissioner 
shall  also  have  power,  with  the  approval  of  the 
Governor,  to  establish  the  width  and  lines  of 
any  State  Highway  before  or  after  the  construc- 
tion, reconstruction,  or  improvement  of  the 
same,  not,  however,  exceeding  the  maximum 
width  fixed  by  law  for  public  roads.  Whenever 
the  State  Highway  Commissioner  shall  establish 
the  width  and  lines  of  any  such  State  Highway, 
he  shall  cause  a  description  and  plan  thereof 
to  be  made,  showing  the  center  line  of  said 
highway  and  the  established  width  thereof,  and 
shall  attach  thereto  his  acknowledgement. 
Thereupon  such  description,  plan,  and  acknowl- 
edgement shall  be  recorded  in  the  office  of  the 
recorder  of  deeds  of  the  proper  county  in  a  sep- 
arate book  kept  for  such  purposes,  which  shall 
be  furnished  to  the  recorder  of  deeds  by  the 
county  commissioners  at  the  expense  of  the 
county. 

No  owner  or  occupier  of  lands,  buildings,  or 
improvements  shall  erect  any  building  or  make 
any  improvements  within  the  limits  of  any 
State  Highway  the  width  and  lines  of  which 
have  been  established  and  recorded  as  provided 
in  this  section,  and,  if  any  such  erection  or  im- 
provement shall  be  made,  no  allowance  shall  be 
had  therefor  by  the  assessment  of  damages. 

1  1921,    No.    62.    amending    1911.    No.    468. 


24 


NATIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


3.     Pemisyhafiia  State  Planning  Bu- 
reau^ 

Sec.  I.  Be  it  enacted,  etc.,  That  the  Secre- 
tary of  Internal  Affairs  shall  establish  in  the 
said  Department  of  Internal  Affairs  a  Bureau  of 
Municipalities.  The  said  bureau  shall  gather, 
classify,  index,  make  available,  and  disseminate 
data,  statistical  information,  and  advice  that 
may  be  helpful  in  improving  the  methods  of  ad- 
ministration and  municipal  development  in  the 
several  municipalities  of  the  commonwealth;  and 
shall  maintain,  for  the  benefit  of  the  municipal- 
ities, a  publicity  service  to  install  or  assist  in  the 
installation  and  establishment  of  modern  sys- 
tems of  accounting  in  the  various  municipalities 
of  the  state,  and  in  order  to  promote  a  compre- 
hensive plan  or  series  of  plans  for  the  probable 
future  requirements  of  cities,  boroughs  or  town- 
ships of  the  commonwealth,  either  separately  or 
jointly,  in  respect  to  a  system  of  traffic  thor- 
oughfares and  other  highways  or  main  high- 
ways, transportation  of  every  sort,  suitably  co- 
ordinated sites  for  public  buildings,  parks,  park- 
ways, playgrounds,  and  other  public  uses,  the 
preservation  of  natural  and  historic  features,  and 
any  and  all  public  improvements  tending  to  the 
advantage  of  municipalities  or  townships  af- 
fected, tending  to  their  advantage  as  a  place  of 
business  and  residence,  and  to  either  make  or 
secure  or  assist  in  making  or  securing  the  nec- 
essary surveys,  plans,  and  information. 

Sec.  2.  The  Secretary  of  Internal  Affairs  is 
hereby  authorized  to  employ  a  Chief  of  Bureau 
of  Municipalities,  who.  in  his  judgment  shall  be 
qualified  to  perform  the  duties  herein  described. 
He  is  also  authorized  to  employ  such  engineer- 
ing, accounting,  clerical,  stenographic,  and  other 
expert  service,  relating  to  the  gathering  of  in- 
formation, its  distribution  and  publication  and 
other  duties  incident  to  the  purpose  of  the  bu- 
reau, or  transfer  to  such  duties  in  this  bureau  as 
he  may  find  advisable  the  vvork  and  services  of 
other  bureaus  or  of  others  employed  in  the  De- 
partment. The  salaries  of  the  employees  ap- 
pointed under  the  provisions  of  this  act  shall  be 
fixed  by  the  Secretary  of  Internal  Affairs,  and 
shall  be  paid  from  the  funds  appropriated  to  the 
said  Department  of  Internal  AfTairs. 

_  Sec  3.  It  is  hereby  made  the  duty  of  every 
city._  borough,  township,  or  county  official,  to 
furnish  such  information  as  may  be  requested  bv 
the  Chief  of_  the  Bureau  of  Municipalities  or  his 
duly  authorized  deputy. 

Sec.  4.  The  act.  approved  the  first  day  of 
June,  one  thousand  nine  hundred  and  fifteen 
(Pamphlet  Laws,  six  hundred  and  eighty-nine), 
entitled  "An  act  creating  a  division  of  Municipal 
Statistics  and  Information  in  the  Department 
of  Labor  and  Industry,  and  fixing  the  compen- 
sation of  officers  and  employes  therein."  as 
amended  by  the  act  of  July  nineteenth,  nineteen 
hundred  and  seventeen  (Pamphlet  Laws,  one 
thousand  one  hundred  and  eleven)  is  hereby 
repealed. 

'  1919,  No.  34. 


Sec.  5.  This  act  shall  become  effective  on 
the  sixth  day  of  Ma\-,  Anno  Domini  nineteen 
hundred  and  nineteen. 

Approved  April  4,  1919. 

II.      MUNICIP.'\L  COMMISSIONS 

I.     Minnesota  Planning  Act- 

Sec.  I.  City  planning  department  for  Min- 
neapolis; commission  and  membership.  That  an 
additional  executive  department  in  the  govern- 
ment of  cities  of  the  first  class  not  organized 
under  section  36  of  article  IV  of  the  state  con- 
stitution shall  be  created  to  be  known  as  the 
■"city  planning  department"'  which  shall  be  in 
charge  of  a  city  planning  commission,  consisting 
of  nine  persons.  One  shall  be  the  mayor  of  the 
niunicipality;  the  cit\'  council,  the  school  board, 
the  park  board  and  the  county  board  of  the 
county  in  which  the  nmnicipality  is  situated 
shall  each  select  one  of  its  own  members,  as  a 
member  of  the  commission,  in  January  of  each 
odd  numbered  year;  and  four  legal  voters  of  the 
municipality  not  members  of  any  of  the  above 
bodies  or  boards  shall  be  appointed  by  the 
mayor  with  consent  of  the  city  council  of  the 
municipalit}.  The  first  appointments  shall  be 
made  as  soon  as  practicable  after  the  passage  of 
this  act. 

The  appointed  members  of  the  commission 
shall  serve  for  four  years.  The  first  members 
first  appointed  by  the  mayor  shall  so  classify 
themselves  by  lot  that  one  of  the  number  shall 
go  out  of  ofhce  at  the  end  of  January  of  the  odd 
year  next  after  their  appointment:  one  at  the 
end  of  one  year  thereafter,  and  one  at  the  end  of 
two  3'ears  thereafter;  and  shall  certify  the  result 
of  the  classification  to  the  city  clerk.  Vacancies 
for  any  unexpired  term  shall  be  filled  by  ap- 
pointment as  in  the  first  instance. 

The  members  of  the  commission  shall  serve 
without  compensation,  but  the  commission  may 
with  the  consent  of  the  city  council  employ 
engineers  or  other  persons  and  incur  such  other 
expenses  as  are  deemed  necessary'. 

The  commission  shall  make  and  alter  rules 
and  regulations  for  its  own  organization  and 
procedure.  It  shall  make  an  annual  report  to 
the  city  council. 

The  term  "city  council"  means  the  principal 
go\'erning  body  of  the  municipality. 

Sec.  2.  Powers  of  commission.  The  city 
planning  commission  shall  have  power,  except 
as  otherwise  provided  by  law: 

1.  To  acquire  or  prepare  a  comprehensive 
city  plan  for  the  future  physical  development: 
and  improvement  of  the  city,  based  primarily 
upon  public  utility,  convenience  and  general 
welfare,  which  plan  shall  be  known  and  desig- 
nated as  the  official  city  plan. 

2.  To  prepare  and  recommend  to  the  proper 
officers  of  the  municipality,  specific  plans  for 
public  improvements  consistent  vvith  the  com- 
prehensive plan  for  the  city. 

-  1919.  ch.  292. 


THE  LAW  OF  THE  CITY  PLAN 


3.  To  recoininend  to  the  city  council  of  the 
municipality,  ordinances  regulating  the  height, 
location  and  ground  areas  of  buildings  and 
structures,  and  ordinances  providing  for  the 
division  of  the  city  into  districts  or  zones  based 
upon  the  height,  ground  areas  and  use  of  all 
buildings  and  structures. 

Sec.  3.  City  council  may  grant  certain 
pozvers.  'I'he  city  council  of  the  municipality 
may  pass  ordinances  authorizing  the  city  plan- 
ning department  to  administer  and  enforce 
ordinances  relative  to  city  planning. 

Sec.  4.  Commission  to  approve  public  im- 
provements contemplated.  No  public  improve- 
jnents  shall  be  authorized  to  be  constructed  in 
the  municipality  until  the  location  and  design 
of  the  same  have  been  approved  by  the  city 
planning  commission,  provided  in  case  of  dis- 
approval the  commission  shall  communicate  its 
reasons  to  the  city  council,  or  other  governing 
body  which  has  control  of  the  construction  of 
the  proposed  improvement;  and  the  majority 
vote  of  such  body  shall  be  sufficient  to  over-rule 
such  disapproval.  If  the  reasons  for  disapproval 
are  not  given  to  the  city  council  or  other  gov- 
erning body  within  thirty  days  after  the  plans 
for  the  public  improvements  are  submitted  to 
the  city  planning  commission,  said  plan  shall  be 
deemed  to  be  approved  by  the  city  planning 
commission,  provided  that  the  term  ""public  im- 
provement" shall  as  herein  used  include  "works 
of  art"  as  defined  in  chapter  154,  General  Laws 
1901. 

Sec.  5.  Plans,  plats,  etc.,  to  be  submitted  to 
commission,  jar  approval  or  rejection.  All 
plans,  plats,  or  replats.  of  land  hereafter  laid 
out  in  building  lots  and  streets,  alleys  or  other 
portions  of  the  same  intended  to  be  dedicated  to 
public  use,  or  for  the  use  of  purchasers  or  owners 
of  lots  fronting  thereon,  or  adjacent  thereto,  and 
located  within  the  city  limits,  shall  be  submitted 
to  the  city  planning  commission  for  its  ap- 
proval; and  it  shall  be  unlawful  to  receive  or 
record  such  plans  in  any  public  office  unless  the 
same  shall  bear  thereon,  by  endorsement  or 
otherwise,  the  approval  of  the  city  planning 
commission.  The  disapproval  of  such  plan,  plats 
or  replats,  by  the  city  planning  commission, 
shall  be  deemed  a  refusal  by  the  city  of  the 
proposed  dedication  shown  thereon.  The  ap- 
proval of  the  commission  shall  be  deemed  an 
acceptance  by  the  city  of  the  proposed  dedica- 
tion; but  shall  not  impose  any  duty  upon  the 
city  concerning  the  maintenance  or  improve- 
ments of  any  such  dedicated  parts,  until  the 
proper  authorities  of  the  city  shall  have  made 
actual  appropriations  of  the  same  by  entry,  use 
or  improvements. 

The  duty  of  the  city  planning  commission  in 
accepting  or  rejecting  a  plat  shall  be  deemed 
legislative  and  discretionary  and  not  adminis- 
trative. 

Sec.  6.  This  act  shall  take  effect  and  be  in 
force  from  and  after  the  date  of  its  pas.sage  and 
appro\'al. 

Approved  .April  17.  1919. 


2.     New  Jersey  Plan  and  Art  Commis- 
sion Act^ 

1.  This  act  ma\'  be  referred  to  as  the  ""Mu- 
nicipal Plan  and  .-\rt  Commission  Act."  It  shall 
apply  to  all  third  class  cities,  fourth  class  cities, 
boroughs,  towns,  townships  and  incorporated 
villages  of  this  State  (and  only  to  those)  which 
shall  accept  the  provisions  of  this  act  as  herein- 
after staled. 

2.  Any  municipality  mentioned  in  section  one 
of  this  act  may  be  a  majority  vote  of  the  mayor 
and  common  council,  or  other  similar  governing 
body  of  whatsoever  name  called,  authorize  the 
appointment  of  a  municipal  plan  and  art  com- 
mission for  such  municipality.  Such  commis- 
sion shall  consist  of  six  men,  all  of  whom  shall 
reside  in  said  municipality,  and  one  of  whom 
may  be  a  member  of  the  common  council  or 
other  similar  governing  body  of  the  municipal- 
ity. The  commissioners  shall  be  appointed  by 
the  mayor  or  other  head  of  the  municipality, 
with  the  advice  and  consent  of  the  council  or 
other  similar  governing  body,  as  the  case  may 
be.  Each  commissioner  shall  be  appointed  for 
a  term  of  six  years,  except  that  when  the  com- 
mission shall  be  first  created,  one  commissioner 
shall  be  appointed  for  a  term  of  six  years,  one 
for  a  term  of  five  years,  one  for  a  term  of  four 
years,  one  for  a  term  of  three  years,  one  for  a 
term  of  two  years  and  one  for  a  term  of  one 
year,  except  also,  in  case  of  any  vacancy  oc- 
curring in  said  commission,  the  vacancy  shall  be 
filled  for  the  balance  of  the  unexpired  term  in 
each  instance  as  it  arises;  to  the  end  that  such 
commission  shall  be  maintained  as  a  continuing 
body  with  normally  one  commissioner  to  be 
nominated  by  the  mayor  and  confirmed  by  the 
council  in  each  year.  In  every  municipality  in 
which  a  municipal  plan  and  art  commission 
shall  be  appointed  under  the  provisions  of  this 
act,  the  mayor  or  other  executive  head  of  such 
municipality  shall  also  be  ex-officio  a  member  of 
such  commission  during  his  term  of  office. 

3.  After  January  first,  one  thousand  nine 
hundred  and  sixteen,  in  ev^ery  municipality 
mentioned  in  section  one  of  this  act  which  shall 
not  ha\-e  constituted  a  municipal  plan  and  art 
commission  in  the  manner  prescribed  in  section 
two  of  this  act,  legal  voters  residing  therein  in 
number  equaling  or  exceeding  twenty  per  centum 
of  the  \-otes  cast  in  the  last  preceding  election 
for  municipal  officers  may,  by  petition  addressed 
to  the  clerk  of  the  county  in  which  such  munic- 
ipality is  located,  call  an  election  of  the  legal 
voters  of  such  municipality  to  vote  on  the  ques- 
tion as  to  whether  such  municipality  shall  have 
a  municipal  plan  and  art  commission  under  the 
provisions  of  this  act.  Such  petition,  with  the 
execution  thereof  pro\'en  by  the  oath  of  one  or 
more  witnesses,  shall  be  filed  with  said  county 
clerk.  The  election  shall  be  held  at  the  same 
time  as  the  next  succeeding  election  of  members 
of  the  General  Assembly  of  the  State  of  New 
Jersey,  following  the  filing  of  said  petition  and 
by  the  same  election  officers.  The  ballot  shall 
read  as  follows: 

'  1915.  ch.  188,  as  amended,  1920,  ch.  216, 
and  supplemented,  1916,  ch.  175. 


26 


xN'ATlOXAL  MLWICIPAL  REMEW  SUPPLEMENT 


For  the  appointment  of  a  Munici- 
pal Plan  and  Art  Commission  to 
serve  without  pa>-. 

Against  the  appointment  of  a 
Municipal  Plan  and  Art  Commis- 
sion to  serve  without  pay. 

and  shall  be  printed  on  and  as  a  part  of  the 
regular  official  ballot.  If  a  cross  mark  shall  be 
placed  in  the  square  opposite  the  words  "For 
the  appointment  of  a  Municipal  Plan  and  Art 
Commission,  to  serve  without  pa\-,"  the  vote 
shall  be  recorded  as  in  favor  of  the  proposition. 
If  a  cross  mark  shall  be  placed  in  the  square 
opposite  the  words  "Against  the  appointment 
of  a  Municipal  Plan  and  Art  Commission,  to 
serve  without  pay,"  the  vote  shall  be  regarded 
as  against  the  proposition.  The  result  of  such 
election  shall  be  declared  by  a  certificate  or 
certificates  signed  by  the  election  officers  con- 
ducting such  election  and  within  three  days 
after  such  election,  such  certificate  or  certificates 
shall  be  filed  with  said  county  clerk,  and  a 
duplicate  of  such  certificate  or  certificates  shall 
within  said  three  days  also  be  filed  with  the 
mayor  or  other  head  of  the  governing  body  of 
the  municipality.  If  the  majority  of  the  votes 
cast  at  any  election  on  the  question  of  appoint- 
ing a  commission  under  the  provisions  of  this 
act  shall  be  in  favor  of  the  appointment  of  a 
municipal  plan  and  art  commission,  such  mu- 
nicipal plan  and  art  commission  shall  be  ap- 
pointed by  the  mayor  or  other  head  of  the  mu- 
nicipality, with  the  advice  and  consent  of  the 
council  or  other  similar  body  in  such  munici- 
pality, within  sixty  days  after  the  date  of  such 
election. 

4.  Between  December  fifteenth  and  Decem- 
ber thirty-first  in  each  year,  everv  such  com- 
mission appointed  under  the  provisions  of  this 
act  shall  prepare  and  deliver  to  the  mayor  and 
council  or  other  head  of  the  municipality  in 
which  such  commission  exists,  an  itemized  state- 
ment of  the  amount  of  money,  if  any,  estimated 
to  be  necessary  for  the  work  of  said  commission 
for  the  coming  calendar  year  from  January  first 
to  December  thirty-first  inclusive,  which  state- 
ment shall  be  for  the  information  of  the  mayor 
and  council  or  other  go\'erning  body  of  the  mu- 
nicipality, which  governing  body  in  its  discre- 
tion may  appropriate  in  the  same  manner  as 
other  appropriations  are  made,  the  amount  of 
such  estimate  or  any  portion  thereof,  and  the 
amount  so  appropriated  shall  be  assessed,  levied 
and  collected  in  the  same  manner  as  moneys 
appropriated  for  other  purpo.ses  in  such  munici- 
pality shall  be  assessed,  levied  and  collected. 

5.  All  questions  concernine  the  location  or 
acceptance  of  any  public  place,  playground, 
parkway,  street,  avenue,  hishway.  common, 
boulevard,  square,  park,  or  of  the  desi'.m,  accept- 
ance or  location  of  any  bridae,  viaduct,  street  or 
park  fixtures  or  structures,  or  any  public  build- 


ing (including  public  library)  or  works  of  art, 
proposed  to  be  erected  either  wholly  or  partly 
b}'  public  or  private  funds,  for  the  benefit  of  the 
public  in  such  municipality,  shall  be  referred  to 
such  commission  by  the  mayor  and  council  or 
other  similar  governing  body  of  such  munici- 
pality for  consideration  and  report  before  final 
action  shall  be  taken  thereon  by  the  mayor  and 
council  or  other  similar  governing  body.  If  no 
report  shall  be  made  by  said  commission  within 
sixty  days  after  the  receipt  of  such  reference  by 
the  commission,  the  mayor  and  council  or  other 
similar  governing  body,  may  proceed  without  a 
report,  as  if  this  law  had  not  been  enacted.  If 
a  report  shall  be  made  by  the  commission,  ac- 
tion by  the  mayor  and  council  or  other  similar 
governing  body  in  harmony  with  the  recom- 
mendations of  such  report,  may  be  taken  by  a 
majority  vote,  but  no  action  by  the  mayor  and 
council  or  other  similar  governing  body  ad- 
\-erse  to  the  recommendations  of  such  report 
shall  be  valid,  unless  such  action  shall  be  taken 
by  a  two-thirds  vote  of  the  mayor  and  council 
or  other  similar  governing  body. 

The  term  ''works  of  art"  as  used  in  this  sec- 
tion, shall  apply  to  and  include  all  monuments, 
fountains,  mural  decorations,  sculptures,  and  all 
structures  of  a  permanent  character  intended 
for  ornament  or  commemoration. 

This  act  shall  take  effect  immediately. 

Approved  April  6,  191 5. 

The  above  act  has  been  amended  by 
adding  the  following:^ 

1.  When  any  municipal  plan  and  art  com- 
mission appointed  under  the  terms  of  the  act  to 
which  this  is  a  supplement  determines  in  its 
judgment  that  it  is  advisable  and  for  the  best 
interests  of  the  city,  borough  or  other  munici- 
pality in  which  it  is  appointed,  to  prepare  plans 
for  the  systematic  and  further  development  and 
betterment  of  such  municipality,  it  shall  then  be 
the  duty  of  such  municipal  plan  and  art  com- 
mission to  prepare  such  plans,  and  in  doing  so 
the  said  municipal  plan  and  art  commission  may 
consider  and  investigate  any  subject  matter 
tending  to  the  development  and  betterment  of 
such  municipality  and  make  such  recommenda- 
tions as  it  may  deem  advisable  concerning  its 
government  and  for  any  purpose  make  or  cause 
to  be  made  surveys,  plans  or  maps.  It  shall 
have  the  power  and  authority  to  employ  experts 
and  clerks  and  to  pay  for  their  services,  and  to 
pay  for  such  other  expenses  as  such  commission 
may  lawfully  incur  under  the  powers  hereby 
granted,  including  the  necessary  disbursements 
incurred  by  its  members  in  the  performance  of 
their  duties  as  members  of  said  commission, 
pro\-ided  such  disbursements  shall  have  been 
authorized  by  such  commission;  and  further 
provided,  that  the  total  amount  so  expended 
for  all  purposes  in  any  one  year  shall  not  ex- 
ceed the  appropriation  for  such  year  as  hereto- 
fore provided. 

2.  This  act  shall  take  effect  immediately. 
Approved  March  17.  1916. 

1  1916.  ch.  175. 


THE  LAW  OF  THE  CITY  PLAN 


27 


3.     Nezv  York  Planning  Acf^ 

Sec.  I.  The  general  municipal  law  Is  hereby 
amended  by  adding  thereto  a  new  article  to  be 
numbered  tweh'e-a,  to  be  entitled  city  and  vil- 
lage planning  commissions,  and  to  read  as  fol- 
lows : 

Article   12-a 

City  and   Village  Planning  Commission 
Sec.  234.     Creation,  Appointment  and  Qual- 
ifications. 

235.  Officers,  Expenses  and  Assistance. 

236.  General  Powers. 

237.  Maps  and  Recommendations. 

238.  Private  Streets. 

239.  Rules. 

239-a.     Construction  of  Article. 

Sec.  234.  Creation,  appointment  and  quali- 
fications. Each  city  and  incorporated  village  is 
hereby  authorized  and  empowered  to  create  a 
commission  to  be  known  as  the  city  or  village 
planning  commission.  Such  commission  shall 
be  so  created  in  incorporated  villages  by  resolu- 
tion of  the  trustees,  in  cities  by  ordinance  of  the 
common  council,  except  that  in  cities  of  the 
first  class,  having  more  than  a  million  inhabi- 
tants, it  shall  be  by  resolution  of  the  board  of 
estimate  and  apportionment  or  other  similar 
local  authority.  In  cities  of  the  first  class  such 
commission  shall  consist  of  not  more  than  eleven, 
in  cities  of  the  second  class  of  not  more  than 
nine,  in  cities  of  the  third  class  and  incorporated 
villages  of  not  more  than  seven  members.  Such 
ordinance  or  resolution  shall  specify  the  public 
officer  or  body  of  said  municipality  that  shall 
appoint  such  commissioners,  and  shall  provide 
that  the  appointment  of  as  nearly  as  possible 
one-third  of  them  shall  be  for  a  term  of  one 
year,  one-third  for  a  term  of  two  years,  and 
one-third  for  a  term  of  three  years  and  that  at 
the  expiration  of  such  terms,  the  terms  of  office 
of  their  successors  shall  be  three  years;  so  that 
the  term  of  office  of  one-thir3  of  such  commis- 
sioners, as  nearly  as  possible,  shall  expire  each 
year.  All  appointments  to  fill  vacancies  shall 
be  for  the  unexpired  term.  Not  more  than  one- 
third  of  the  members  of  said  commission  shall 
hold  any  other  public  office  in  said  city  or  vil- 
lage. In. a  county  containing  a  population  of 
over  three  hundred  thousand,  and  adjoining  a 
city  of  the  first  class,  one  of  the  members  of 
such  commission  may  reside  outside  of  such 
village. 

Sec.  235.  Officers,  Expenses  and  Assistance. 
The  commission  shall  elect  annually  a  chairman 
from  its  own  members.  It  shall  have  the  power 
and  authority  to  employ  experts,  clerks,  and  a 
secretar}',  and  to  pay  for  their  services  and  such 
other  expenses  as  may  be  necessary  and  proper, 
not  exceeding  in  all  the  annual  appropriation 
that  may  be  made  by  said  city  or  village  for  said 
commission.  The  body  creating  the  commission 
shall  by  ordinance  or  resolution  provide  what 
compensation,  if  any,  each  of  such  commissioners 
shall  receive  for  his  services  as  such  commis- 
sioner.    Each   city   and   incorporated  village   is 

^  1913,  ch.  699.     Amended,  1920,  ch.  377. 


hereby  authorized  and  empowered  to  make  such 
appropriation  as  it  may  see  fit  for  such  expenses 
and  compensation,  such  appropriations  to  be 
made  by  those  officers  or  bodies  in  such  city  or 
village  having  charge  of  the  appropriation  of  the 
public  funds. 

Sec.  236.  General  Powers.  The  body  creat- 
ing such  planning  commission  may,  at  any  time 
by  ordinance  or  resolution,  provide  that  the 
following  matters,  or  any  one  or  more  of  them, 
shall  be  referred  for  report  thereon,  to  such 
commission  by  the  board,  commission,  commis- 
sioner or  other  public  officer  or  officers  of  said 
city  or  village  which  is  the  final  authority  there- 
on before  final  action  thereon  by  such  authority: 
the  adoption  of  any  map  or  plan  of  .said  city  or 
incorporated  village,  or  part  thereof,  including 
drainage  and  sewer  or  water  system  plans  or 
maps,  and  plans  or  maps  for  any  public  water 
front,  or  marginal  street,  or  public  structure 
upon,  in  or  in  connection  with  such  front  or 
street,  or  for  any  dredging,  filling  or  fixing  of 
lines  with  relation  to  said  front;  any  change  of 
any  such  maps  or  plans;  the  location  of  any 
public  structure  upon,  in  or  In  connection  with, 
or  fixing  lines  with  relation  to  said  front;  the 
location  of  any  public  building,  bridge,  statue 
or  monument,  highway,  park,  parkway,  square, 
playground  or  recreation  ground,  or  public  open 
place  of  said  city  or  village.  In  default  of  any 
such  ordinance  or  resolution  all  of  said  matters 
shall  be  so  referred  to  said  planning  commission. 

The  body  creating  such  planning  commission 
may,  at  any  time,  by  ordinance  or  resolution, 
fix  the  time  within  which  such  planning  com- 
mission shall  report  upon  any  matter  or_  class 
of  matters  to  be  referred  to  it,  with  or  without 
the  further  provision  that  in  default  of  report 
within  the  time  so  fixed,  the  planning  commis- 
sion shall  forfeit  the  right  further  to  suspend 
action,  as  aforesaid  with  regard  to  the  particular 
matter  upon  which  It  has  so  defaulted.  In 
default  of.  any  such  ordinance  or  resolution,  no 
such  action  shall  be  taken  until  such  report '  is 
so  received,  and  no  adoption,  change,  fixlng_  or 
location  as  aforesaid  by  said  final  authority, 
prior  thereto,  shall  be  valid.  No  ordinance  or 
resolution  shall  deprive  said  planning  commis- 
sion of  its  right  or  relieve  it  of  Its  duty,  to  re- 
port, at  such  time  as  it  deems  proper  upon  any 
matter  at  any  time  referred  to  it. 

This  section  shall  not  be  construed  as  Intend- 
ed to  limit  or  Impair  the  power  of  any  art  com- 
mission, park  commission  or  commissioner,  now 
or  hereafter  existing  by  virtue  of  any  provision 
of  law,  to  refuse  consent  to  the  acceptance  by 
any  municipality  of  the  gift  of  any  work  of  art 
to  said  municipality,  without  reference  of  the 
matter,  by  reason  of  Its  _  proposed  _  location  or 
otherwise,'  to  said  planning  commission.  Nor 
shall  this  section  be  construed  as  intended  to 
limit  or  impair  any  other  power  of  any  such  art 
commission  or  affect  the  same,  except  In  so  far 
as  It  provides  for  reference  or  report,  or  both, 
on  any  matter  before  final  action  thereon  by 
said  art  commission. 

Sec.  237.  Maps  and  Recommendations.  Such 
planning    commission    may    cause   to   be    made 


28 


NATIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


a  map  or  maps  of  said  city  or  village  or  any 
portion  thereof,  or  of  any  land  outside  the  limits 
of  said  city  or  village  so  near  or  so  related  there- 
to that  in  the  opinion  of  said  planning  commis- 
sion it  should  be  so  mapped.  Such  plans  may 
show  not  only  such  matters  as  by  law  have  been 
or  may  be  referred  to  the  planning  commission, 
but  also  any  and  all  matters  and  things  with 
relation  to  the  plan  of  said  city  or  village  which 
to  said  planning  commission  seem  necessary  and 
proper.  Including  recommendations  and  changes 
suggested  by  it  and  an\-  report  at  any  time 
made,  may  include  any  of  the  above.  Such 
planning  commission  may  obtain  expert  assist- 
ance in  the  making  of  any  such  maps  or  reports, 
or  in  the  investigations  necessary  and  proper 
with  relation  thereto. 

Sec.  238.  Private  Streets.  The  body  creat- 
ing such  planning  commission  may  at  any  time, 
by  ordinance  or  resolution  pro\'ide  that  no  plan, 
plot  or  description,  showing  the  layout  of  any 
highway  or  street  upon  private  property,  or  of 
building  lots  in  connection  with  or  in  relation  to 
such  highway  or  street  shall,  within  the  limits 
of  any  municipality  ha\'ing  a  planning  commis- 
sion, as  aforesaid,  be  received  for  record  in  the 
office  of  the  clerk  of  the  county  where  such  real 
property  is  situated,  until  a  copy  of  said  plan, 
plot  or  description  has  been  filed  with  said  com- 
mission and  it  has  certified,  with  relation  there- 
to, its  approval  thereof.  Such  certificate  shall 
be  recorded  as  a  part  of  the  record  of  said  orig- 
inal instrument  containing  said  plan,  plot  or  de- 
scription. No  such  street  or  highwa\'  which  has 
not  received  the  approval  of  the  planning  com- 
mission shall  be  accepted  by  said  city  or  village 
until  the  matter  has  been  referred  to  such  com- 
mission under  the  provision  of  section  two  hun- 
dred and  thirty-six  of  this  article.  But  if  any 
such  street  is  plotted  or  laid  out  in  accordance 
with  the  map  of  said  municipality,  adopted  ac- 
cording to  law,  then  it  shall  not  be  necessary  to 
file  such  copy,  or  obtain  or  record  .«uch  cer- 
tificate. 

Sec.  239.  Rules.  Such  commission  may  make 
rules  not  contrary  to  law,  to  govern  its  action 
in  carrying  out  the  provisions  of  this  article. 

Sec.  239-a.  Construction  of  Article.  This 
article  shall  be  construed  as  the  grant  of  addi- 
tional power  and  authority  to  cities  and  incor- 
porated villages,  and  not  as  intended  to  limit  or 
impair  any  existing  power  or  authority  of  any 
city  or  village. 

Any  city  or  incorporated  village  in  order  to 
appoint  a  planning  commission  under  this  article 
shall  recite,  in  the  ordinance  or  resolution  so 
creating  the  commission,  the  fact  that  it  is 
created  under  this  article. 

Sec.  2.  This  act  shall  take  effect  immedi- 
ately. 

4.     The  Neiv  York  City  Art  Commis- 
sion Law 

Art  Commission.     Charter,   Title  2 
Sec.  633.     Art  commission;  how  constituted. 
634.     Members  of  commission,  how  cho- 
sen; vacancies. 


63s. 
636. 

637. 


638. 
639- 


Officers. 

Offices  to  be  provided;  expenses, 
how  met. 

All  works  of  art  to  be  submitted 
to  and  approved  by  the  com- 
mission. 

Time  for  decision  limited. 

Removal  or  relocation  of  works 
of  art;  duty  of  commission. 

Art  Commission;  How  Constituted 

Sec.  633.  There  shall  be  an  Art  Commission 
of  the  City  of  New  York,  composed  as  follows: 

1.  The  mayor  of  the  city  of  New  York,  ex- 
officio. 

2.  The  president  of  the  Metropolitan  Muse- 
um of  Art,  ex-officio. 

3.  The  president  of  the  New  ^'ork  Public 
Library  (Astor,  Lenox  and  Tilden  Foundations), 
ex-officio. 

4.  The  president  of  the  Brooklyn  Institute  of 
Arts  and  Sciences,  ex-officio. 

One  painter,  one  sculptor  and  one  architect, 
all  residents  of  the  city  of  New  York;  and  three 
other  residents  of  said  city,  none  of  whom  shall 
be  a  painter,  sculptor  or  architect  or  member  of 
any  other  profession  in  the  fine  arts.  All  of  the 
six  last  mentioned  shall  be  appointed  by  the 
mayor  from  a  list,  of  not  less  than  three  times 
the  number  to  be  appointed,  proposed  by  the 
fine  arts  federation  of  New  York.  In  all 
matters  of  which  such  commission  takes  cog- 
nizance pertaining  to  work  under  the  special 
charge  of  a  commissioner  or  department,  the 
commissioner  having  such  special  charge  shall 
act  as  a  member  of  the  commission.  Each  of 
the  aforesaid  presidents  may  appoint  a  trustee 
of  the  institution  or  corporation  of  which  he  is 
president  to  serve  in  his  place  as  ex-officio  mem- 
ber of  said  commission.  Such  appointment 
shall  be  in  writing  and  shall  be  revocable  at  any 
time  by  such  president.  It  shall  terminate 
whenever  he  ceases  to  be  president.  Until  the 
appointment  be  so  revoked  or  terminated,  any 
trustee  so  appointed  shall  be  an  ex-officio  mem- 
ber of  said  commission  with  like  powers  and 
duties  as  the  president  who  has  appointed  him. 

Members    of    Commission;    How    Chosen;    Va- 
cancies 

Sec  634.  The  painter,  sculptor  and  archi- 
tect, members  of  the  commission,  shall  choose 
by  lot  one,  two,  and  three  year  terms  of  office; 
the  three  other  appointed  members  of  the  com- 
mission shall  also  choose  by  lot  one,  two  and 
three  year  terms  of  office,  and  the  appointment 
of  their  successors,  after  the  expiration  of  the 
first  year  of  this  commission,  shall  be  for  a  term 
of  three  years.  All  appointments  to  fill  va- 
cancies shall  be  for  the  unexpired  term.  In 
case  any  vacancy  shall  occur  in  the  commission. 
by  reason  of  death,  resignation,  incapacity,  re- 
fusal to  serve,  or  otherwise,  the  vacancy  shall 
be  filled  by  appointment,  as  provided  in  section 
six  hundred  and  thirty-three  of  this  act.  In 
case  the  Fine  .^rts  Federation  shall  fail  to  pre- 
sent a  list  of  nominees  as  aforesaid  within  three 
months  from  the  time  when  any  appointment  is 


THE  LAW  OF  THE  CITY  PLAN 


29 


to  be  made,   the  mayor  shall  appoint  without 

such  nomination. 

Officers 

Sec.  635.  The  commission  shall  serve  with- 
out compensation  as  such,  and  shall  elect  a  pres- 
ident, vice-president  and  secretary  from  its  own 
members,  whose  terms  of  office  shall  be  for  one 
year  and  until  their  successors  are  elected  and 
have  qualified.  The  commission  shall  have 
power  to  adopt  its  own  rules  of  procedure.  Five 
commissioners  shall  constitute  a  quorum. 
Offices  to  be  Provided;  Expenses,  How  Met 

Sec.  636.  Suitable  offices  shall  be  provided 
for  the  commission  by  the  board  of  estimate  and 
apportionment.  The  expenses  of  the  commission 
shall  be  paid  by  the  city;  and  the  amount  of 
the  same  shall  be  fixed  annually  by  the  board  of 
estimate  and  apportionment  and  the  board  of 
aldermen. 

All  Works  of  Art  to  be  Submitted  to  and  Ap- 
proved by  the  Commission 
Sec.  637.  Hereafter  no  work  of  art  shall  be- 
come the  property  of  the  city  of  New  York,  by 
purchase,  gift  or  otherwise,  unless  such  work  of 
art  or  a  design  of  the  same,  together  with  the 
proposed  location  of  such  work  of  art,  shall  first 
have  been  submitted  to  and  approved  by  the 
commission;  nor  shall  such  work  of  art  until 
approved  be  contracted  for,  erected  or  placed  in 
or  upon,  or  allowed  to  extend  over  or  upon  any 
street,  avenue,  square,  common,  park,  public 
building,  or  other  public  place  belonging  to  the 
city.  The  commission  may,  when  they  deem 
proper,  also  require  a  complete  model  of  the 
proposed  work  of  art  to  be  submitted.  The 
term  "work  of  art"  as  used  in  this  title  shall 
apply  to  and  include  all  paintings,  mural  dec- 
orations, stained  glass,  statutes,  bas-reliefs  or 
other  sculptures;  monuments,  fountains,  arches, 
or  other  structures  of  a  permanent  character  in- 
tended for  ornament  or  commemoration.  No 
existing  work  of  art  in  the  possession  of  the  city 
shall  be  removed,  relocated  or  altered  in  any 
way  without  the  similar  approval  of  the  com- 
mission, except  as  provided  In  section  six  hun- 
dred and  thirty-nine  of  this  act.  The  commis- 
sion shall  act  In  a  similar  capacity,  with  similar 
powers.  In  respect  to  the  designs  of  buildings, 
bridges,  approaches,  gates,  fences,  lamps  or  other 
structures  erected  or  to  be  erected  upon  land 
belonging  to  the  city,  and  in  respect  to  the  lines, 
grades  and  plotting  of  public  ways  and  grounds 
and  In  respect  of  arches,  bridges,  structures  and 
approaches  which  are  the  property  of  any  cor- 
poration or  private  Individual,  and  which  shall 
extend  over  or  upon  any  street,  avenue,  high- 
way, park  or  public  place  belonging  to  the  city, 
and  said  commission  shall  so  act  and  Its  ap- 
proval shall  be  required  for  every  such  struc- 
ture which  shall  hereafter  be  erected  or  con- 
tracted for;  except  that  In  case  of  any  such 
structure  which  shall  hereafter  be  erected  or  con- 
tracted for  at  a  total  expense  not  exceeding  two 
hundred  and  fifty  thousand  dollars,  the  approval 
of  said  commission  shall  not  be  required,  if  the 
mayor  or  the  board  of  aldermen  shall  request 
said  commission   not  to   act.     But   this  section 


shall  not  be  construed  as  Intended  to  impair  the 
power  of  the  park  board  to  refuse  its  consent  to 
the  erection  or  acceptance  of  public  monuments 
or  memorials  or  other  works  of  any  sort  within 
any  park,  square  or  public  place  in  the  city. 
Time  for  Decision  Limited 

Sec.  638.  If  the  commission  shall  fail  to  de- 
cide upon  any  matter  submitted  to  It  within 
sixty  days  after  such  submission,  its  decision 
shall  be  deemed  unnecessary. 

Removal  or  Relocation  of  IForks  of  Art;  Duty 

of  Commission 

Sec.  639.  In  case  the  immediate  removal  or 
relocation  of  any  existing  work  of  art  shall  be 
deemed  necessary  by  the  mayor,  the  commission 
shall  within  forty-eight  hours  after  notice  from 
him  approve  or  disapprove  of  such  removal  or 
relocation,  and  in  case  of  their  failure  to  so  act 
within  fort}'-eIght  hours  after  the  receipt  of  such 
notice,  they  shall  be  deemed  to  have  approved 
the  same. 

5.  Ohio.  Planning  Provisions  of 
Charter  and  Ordinances  of  Cleve- 
land 

Charter  of  City  of  Cleveland 
Sec.  77.  There  shall  be  a  city  plan  commis- 
sion to  be  appointed  by  the  mayor  with  power 
to  contrBl,  In  the  manner  provided  by  ordinance, 
the  design  and  location  of  works  of  art  which 
are,  or  may  become,  the  property  of  the  city; 
the  plan,  design  and  location  of  public  buildings, 
harbors,  bridges,  viaducts,  street  fixtures  and 
other  structures  and  appurtenances;  the  removal, 
relocation  and  alteration  of  any  such  works  be- 
longing to  the  city;  the  location,  extension  and 
platting  of  streets,  parks  and  other  public  places, 
and  of  new  areas;  and  the  preparation  of  plans 
for  the  future  physical  development  and  im- 
provement of  the  city. 

Ordinance  of  City  of  Cleveland 
Sec.  4.  Hereafter  no  public  building,  har- 
bor, bridge,  viaduct,  street  fixture,  or  other 
structure  or  appurtenance  shall  be  located,  con- 
structed, erected,  renewed,  relocated,  or  altered 
until  and  unless  such  plan,  deslsn  or  location 
shall  have  been  submitted  to  and  approved  by 
the  commission;  and  no  such  work  when  com- 
pleted shall  be  accepted  by  the  city  until  and 
unless  it  shall  have  been  approved  by  the  com- 
mission as  provided  In  sec.  77  of  the  City 
Charter. 

6.  Pennsylvania.      Planning   Act   for 

Third  Class  Cities'^ 

Sec.  5.  All  plans,  plots,  or  replots  of  lands 
laid  out  in  building  lots,  and  the  streets,  alleys, 
or  other  portions  of  the  same  Intended  to  be 
dedlqated  to  public  use,  or  for  the  use  of  pur- 
chasers or  owners  of  lots  fronting  thereon  or 
adjacent  thereto,  and  located  within  the  city 
limits  of  a  city  of  the  third  class  or  for  a  dis- 
tance of  three  miles  outside  thereof,^  shall  be 
submitted  to  the  city  planning  commission  and 


30 


NATIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


approved  by  il  before  it  shall  be  recorded.  And 
it  shall  be  unlawful  to  receive  or  record  such 
plan  in  any  public  office  unless  the  same  shall 
bear  thereon,  by  endorsement  or  otherwise,  the 
approval  of  the  city  planning  commission.  The 
disapproval  of  any  such  plans  by  the  city  plan- 
ning commission  shall  be  deemed  a  refusal  of 
the  proposed  dedication  shown  thereon.  The 
approval  of  the  commission  shall  be  deemed  an 
acceptance  of  the  proposed  dedication;  but  shall 
not  impose  any  duty  upon  the  city  concerning 
the  maintenance  or  improvement  of  any  such 
dedicated  parts,  until  the  proper  authorities  of 
the  city  shall  have  made  actual  appropriation 
of  the  same  by  entry,  use,  or  improvement.  No 
sewer,  water,  or  gas-main,  or  pipes,  or  other 
improvement,  shall  be  voted  or  made  within  the 
area  under  the  jurisdiction  of  said  commission, 
for  the  use  of  any  such  purchasers  or  owners; 
nor  shall  any  permit  for  connection  with  or 
other  use  of  any  such  improvement  existing,  or 
for  any  other  reason  made,  be  given  to  any  such 
purchasers  or  owners  until  such  plan  is  so  ap- 
proved. Where  the  jurisdictional  limit  of  three 
miles  outside  of  the  city  limits,  as  provided  in 
this  section,  may  conflict  with  the  zone  of  sim- 
ilar character  connected  with  another  city  of  the 
third  class,  the  jurisdiction  of  said  commission 
shall  extend  only  to  the  point  equidistant  be- 
tween the  city  limits  and  the  limits  of  said  mu- 
nicipality. ^ 
Approved  the  i6th  day  of  July,  A.  D.  191 3. 


1 1 1, 


METROPOLIT.^N  COMMISSIONS 


Sec.  I.  The  governor,  by  and  with  the  con- 
sent of  the  council,  shall  appoint  three  persons, 
and  the  mayor  of  Boston  shall  appoint  two  per- 
sons, who  shall  constitute  a  board  to  be  known 
as  the  Metropolitan  Planning  Board.  The 
members  of  said  board  shall  hold  office  for 
terms  of  five  years  each  beginning  with  the  first 
Monday  in  May  in  the  year  nineteen  hundred 
and  twelve.  Upon  the  expiration  of  the  terms 
of  the  members  so  first  appointed  the  governor 
shall  appoint  three  members,  one  to  serve  for 
five  years,  one  for  three  years  and  one  for  one 
year,  and  the  mayor  shall  appoint  two  members, 
one  to  serve  for  four  years  and  one  for  two 
years.  Thereafter  the  respective  appointments 
by  the  governor  and  mayor  shall  be  for  terms 
of  five  years.  The  governor  shall  appoint  the 
chairman  of  the  said  board. 

^  191 3,  No.  406. 

^In  191 1,  Massachusetts  (.Acts  and  Resolves, 
ch.  84)  caused  an  investigation  to  be  made  as 
to  the  desirability  of  appointing  a  planning 
commission  for  the  Metropolitan  District  of 
Boston  and  its  vicinity,  a  report  of  which  was 
made  to  the  legislature  of  the  state  in  191 2 
(House  Report  No.  1615.)  That  report  rec- 
ommended the  appointment  of  such  a  commis- 
sion and  transmitted  with  its  report  a  draft  of 
an  act  (never  passed)  for  that  purpose,  as 
above. 


Sec.  2.  The  jurisdiction  and  powers  of  said 
board  shall  extend  to  and  may  be  exercised  in 
the  cities  of  Boston,  Cambridge,  Chelsea,  Ever- 
ett, Lynn,  Maiden,  Medford,  Melrose,  Newton. 
Quincy,  Somerville,  Waltham,  and  Woburn,  and 
in  the  towns  of  Arlington,  Belmont,  Braintree, 
Brookline,  Canton,  Cohasset,  Dedham.  Dover, 
Hingham,  Hull,  Milton,  Nahant,  Needham, 
Revere,  Saugus.  Stoneham,  Swampscott,  Wake- 
field, Watertown,  Wellesley,  Weston,  Westwood, 
Weymouth,  Winchester,  and  Winthrop,  and  the 
said  cities  and  towns  together  with  any  others 
that  may  be  included  by  subsequent  legislation 
shall  constitute  the  metropolitan  district  within 
the  meaning  of  this  act. 

Sec.  3.  Except  as  hereinafter  expressly  pro- 
vided nothing  in  this  act  shall  be  construed  as 
aiTecting  the  powers  now  vested  by  law  in  any 
public  authority. 

Sec.  4.     Duties  and  powers  of  the  said  board: 

A.  It  shall  be  the  duty  of  the  said  board  to 
make  or  obtain  surveys  of  the  metropolitan 
district  as  herein  defined,  and  for  the  purpose 
of  making  such  surveys  it  shall  have  the  right 
to  do  all  reasonable  and  necessary  acts. 

B.  It  shall  be  the  duty  of  the  said  board  to 
make  a  comprehensive  plan  or  series  of  plans  for 
the  present  and  probable  future  requirements  of 
the  metropolitan  district  in  respect  to  a  system 
of  traffic  thoroughfares  and  other  main  high- 
ways, transportation  facilities  of  every  sort 
suitably  co-ordinated,  sites  for  public  buildings, 
parks,  playgrounds  and  other  public  uses,  and 
any  and  all  public  improvements  tending  to  the 
advantage  of  the  metropolitan  district  as  a  place 
of  business  and  of  residence. 

C.  It  shall  be  the  duty  of  the  said  board  to 
study  and,  in  its  discretion,  it  may  recommend 
such  legislation  applicable  to  the  metropolitan 
district  as  will  facilitate  the  prevention  and 
relief  of  congestion  of  population  and  of  traffic, 
the  better  control  of  fire  hazard,  the  better  dis- 
tribution of  areas  and  of  buildings  for  the  pur- 
poses of  residence,  manufacturing,  trade  and 
transportation,  the  preservation  of  the  natural 
and  historic  features  of  the  district,  the  beauti- 
fying thereof,  the  co-ordination  of  transporta- 
tion facilities,  the  best  method  of  financing  and 
assessing  the  cost  of  public  improvements  or 
any  other  matter  relating  to  a  co-ordinated  ci\'ic 
development  within  the  said  metropolitan  dis- 
trict. 

D.  It  shall  be  the  duty  of  the  said  board  to 
examine  and  make  public  reports  upon  all  plans 
directly  affecting  the  metropolitan  district  or 
more  than  one  city  or  town  therein  made  under 
authority  of  law.  and  for  the  purpose  of  such 
examination  it  shall  be  the  duty  of  any  existing 
public  authority  before  making  any  contract  or 
agreement  for  the  execution  of  plans  of  character 
aforesaid  for  any  public  improvements  within 
the  metropolitan  district  to  inform  the  Metro- 
politan Planning  Board  as  to  such  plans  and 
give  the  said  board  reasonable  opportunity  for 
examining  the  same.  The  said  reports  may 
specifically  approve  or  disapprove  of  said  plans 
in  whole  or  in  part  as  the  said  board  may  by  its 
examination  determine,  and  shall  state  the  rea- 


THE  LAW  OF  THE  CITY  PLAN 


31 


sons  for  such  approval  or  disapproval.  Wher- 
ever it  is  possible  and  desirable  to  effect  a  co- 
ordination of  the  plans  for  improvements  within 
the  said  metropolitan  district  of  two  or  more 
agencies,  whether  now  existing  or  hereafter  cre- 
ated and  with  local  or  general  jurisdiction,  it 
shall  be  the  duty  of  the  said  board  to  seek  to 
effect  such  a  co-ordination. 

E.  If  in  the  opinion  of  the  said  board  any 
plan  for  a  public  improvement  proposed  for 
execution  by  the  legally  constituted  authority  in 
any  county,  city  or  town  within  the  district 
conflicts  with  some  existing  or  proposed  public 
improvement  of  metropolitan  character  the 
board  shall  so  inform  the  executive  of  the  said 
county,  city  or  town,  whereupon  the  said  coun- 
ty, city  or  town  may  abandon  the  proposed  im- 
provement, or  shall  execute  the  same  in  accord- 
ance with  the  plan  of  the  said  Metropolitan 
Planning  Board,  or  shall  postpone  action  upon 
the  question  of  execution  for  not  less  than  one 
year,  after  which  such  lawful  action  may  be 
taken  as  the  said  county,  city  or  town  through 
its  legally  constituted  authority  may  deem  ex- 
pedient. 

F.  The  said  board  shall  have  the  power  when 
so  requested  by  the  authorities  of  any  county, 
city  or  town  within  the  said  metropolitan  dis- 
trict to  furnish  assistance  for  the  making  of 
plans  or  specifications  or  the  supervision  of  the 
execution  of  public  works  at  the  cost  of  such 
assistance  or  supervision, 

G.  The  board  may  place  the  question  of  the 
execution  of  any  given  metropolitan  improve- 
ment within  the  limits  of  the  metropolitan  dis- 
trict before  the  government  of  each  political 
unit  in  which  such  improvement  is  physically 
situated  and  before  any  succeeding  government 
in  its  discretion.  It  shall  present  estimates  of 
cost  with  any  plans  for  improvements  whene\-e]; 
the  question  of  execution  is  placed  before  public 
authorities.  Every  proposed  improvement  or 
any  part  thereof  when  accepted  by  the  govern- 
ment of  the  municipal  unit  in  which  it  is  situ- 
ated, or  by  any  other  constituted  authority  hav- 
ing power  to  make  such  improvement,  or  part 
thereof,  shall  be  executed  by  such  government 
or  authority  whether  now  existing  or  hereafter 
created. 

Sec.  5.  The  approval  by  the  board  of  any 
plan  or  plans  accepted  by  municipal  authorities 
or  boards  of  county  commissioners  or  submitted 
to  said  Metropolitan  Planning  Board  as  herein- 
before provided,  may  in  set  terms  designate  and 
classify  the  improvements  therein  shown  or  any 
portion  of  them  as  ordinary  or  extraordinary 
metropolitan  Improvements.  The  cost  of  ordi- 
nary metropolitan  Improvements  executed  under 
the  provisions  of  this  act  shall  be  paid  as  fol- 
lows: sixty-five  per  cent  by  the  municipality  or 
municipalities  in  which  the  improvement  is 
physically  situated;  twenty-five  per  cent  by  the 
remaining  cities  and  towns  constituting  the  said 
district  In  proportions  determined  by  the  com- 
mission appointed  by  the  supreme  judicial  court 
as  hereinafter  provided  and  ten  per  cent  by  the 
commonwealth.  The  cost  of  extraordinary  met- 
ropolitan improvements  executed  under  the  pro- 


visions of  this  act  shall  be  paid  as  follows:  such 
proportion  thereof,  not  exceeding  sixty-five  per 
cent,  as  may  be  determined  by  the  said  com- 
mission appointed  by  the  supreme  judicial  court 
as  aforesaid,  by  the  municipality  or  municipal- 
ities in  which  the  improvement  is  physically  sit- 
uated; such  amount,  not  less  than  twenty-five 
per  cent  thereof,  as  may  be  determined  by  the 
aforesaid  commission  by  the  remaining  cities  and 
towns  constituting  the  said  district,  in  propor- 
tions determined  as  aforesaid  and  ten  per  cent 
by  the  commonwealth. 

Sec.  6.  To  meet  the  cost  of  the  improve- 
ments executed  in  accordance  with  the  provi- 
sions of  this  act.  the  treasurer  and  receiver  gen- 
eral shall  upon  application  of  the  Metropolitan 
Planning  Board,  Issue  scrip  or  certificates  of 
debt  in  the  name  and  on  behalf  of  the  common- 
wealth and  under  its  seal  to  the  amount  an- 
nually necessary  for  five  years  from  the  date  of 
the  first  of  such  applications.  In  no  one  year 
shall  the  proportion  to  be  paid  by  the  common- 
wealth as  its  part  in  the  expenses  authorized  by 
section  five  of  this  act  exceed  five  hundred  thou- 
sand dollars  and  the  amount  of  scrip  or  certifi- 
cates of  debt  issued  In  any  one  year  as  aforesaid 
shall  be  limited  accordingly.  All  loans  issued  by 
the  commonwealth  in  accordance  herewith  shall 
be  serial  loans  and  shall  be  made  payable  in 
annual  instalments  in  the  manner  authorized  by 
section  thirteen  of  chapter  tjnenty-seven  of  the 
Revised  Laws  as  amended  by  section  one  of 
chapter  three  hundred  and  forty-one  of  the  acts 
of  the  year  nineteen  hundred  and  eight.  Such 
scrip  or  certificates  of  debt  shall  be  designated 
on  the  face  as  the  Metropolitan  Planning  Board 
Loan,  shall  be  countersigned  by  the  governor, 
and  shall  be  deemed  a  pledge  of  the  faith  and 
credit  of  the  commonwealth,  and  the  principal 
and  interest  shall  be  paid  at  the  times  specified 
therein  In  gold  coin  of  the  United  States;  and 
said  scrip  or  certificates  of  debt  shall  be  sold  and 
disposed  of  at  public  auction  or  in  such  other 
mode  and  at  such  times  and  prices,  and  In  such 
amounts  and  at  such  rates  of  Interest  as  the 
governor  and  council  shall  deem  best.  Any 
premium  realized  on  the  sale  of  said  scrip  or 
certificates  of  debt  shall  be  applied  to  the  pay- 
ment of  the  interest  on  said  loan  as  it  accrues. 

Sec.  7.  The  supreme  judicial  court  sitting  in 
equity  shall  In  the  year  nineteen  hundred  and 
twelve  and  every  year  thereafter  on  the  applica- 
tion of  the  Metropolitan  Planning  Board,  or  of 
the  attorney  of  any  of  the  cities  or  towns  in  the 
metropolitan  district,  and  after  notice  to  each 
of  said  cities  and  towns,  appoint  three  commis- 
sioners, neither  of  whom  shall  be  a  resident  of 
any  of  said  cities  or  towns,  who  shall,  after  such 
notice  and  hearing  as  they  shall  deem  just  and 
equitable,  determine  the  proportions  In  which 
each  of  said  cities  and  towns  shall  pay  money 
into  the  treasur)'  of  the  commonwealth  for  the 
year  following  that  in  which  the  application  is 
made  to  meet  the  interest,  serial  loan  require- 
ments, expenses,  including  the  expenses  of  ad- 
ministration, and  cost  for  such  year.  Said  com- 
missions shall  make  such  apportionment  on  or 
before   the   first   day   of   March    in   each   year. 


NATIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


The  said  commissioners  shall  determine  the  sev- 
eral amounts  to  be  paid  by  the  cities  and  towns 
of  the  metropolitan  district  o.hcr  than  those 
in  which  ordinary  or  extraordinary  improve- 
ments are  situated  to  the  aggregate  amount  of 
twenty-five  per  cent  of  the  tn'.A  cost  of  im- 
provements classified  as  ordinary.  Jn  the  case 
of  improvements  classified  as  extraordinary,  they 
shall  also  determine  how  far,  if  at  all  the  pro- 
portion of  the  total  cost  of  such  improvements 
to  be  paid  by  the  municipalities  in  which  they 
are  physically  situated  shall  be  reduced  below 
sixty-five  per  cent  and  correspondingly  increased 
as  regards  some  or  all  of  the  remaining  munici- 
palities comprising  the  metropolitan  district. 
The  proportion  to  be  ultimate!}"  payable  by  the 
commonwealth  shall  be  ten  per  cent  of  the  total 
cost  whether  for  ordinary  or  extraordinary  im- 
provements. The  amounts  severally  to  be  paid 
by  the  separate  municipalities  shall  be  appor- 
tioned by  the  said  commissioners  on  the  basis  of 
benefit  in  each  case  and  with  due  account  of 
population,  valuation  and  any  other  thing  which, 
in  the  opinion  of  the  said  commission,  should 
affect  the  said  proportional  contributions:  pro- 
vided, however,  that  nothing  herein  shall  be 
construed  to  change  the  apportionment  rf  the 
cost  for  public  improvements  to  \\lui;h  the  com- 
monwealth already  contributes  under  existing 
laws.^ 

Sec.  8.  Said  board  may  appoint  such  office 
and  technical  assistants  as  it  seems  necessary' 
to  carry  out  the  purposes  of  this  act.  It  shall 
determine  the  duties  and  compensations  of  such 
appointees  and  remove  them  at  pleasure.  It 
shall  be  supplied  with  a  suitable  office  or  offices 
for  its  work  and  for  its  maps,  plans,  documents 
and  records.  The  chairman  of  the  said  board 
shall  receive  a  salary  of  ten  thousand  dollars  a 
year  and  each  of  the  other  four  mem.bers  there- 
of shall  receive  a  salarv  of  one  tlicusand  dol- 
lars a  year.  The  salaries  of  the  commissioners 
and  their  appointees  and  the  expenses  of  ad- 
ministration shall  be  paid  from  the  treasury  of 
the  commonwealth  and  shall  be  thereafter  as- 
sessed ninety  per  cent  thereof  upon  the  cities 
and  towns  of  the  metropolitan  district  as  here- 
in defined  in  proportions  to  be  determined  by  a 
commission  appointed  by  the  supreme  judicial 
court  sitting  In  eo,uity  as  hereinbefore  provided 
and  ten  per  cent  by  the  commonwealth.  On  or 
before  the  second  Wednesday  of  Januar}^  in  each 
year  said  board  shall  make  a  report  in  print  of 
Its  proceedings  to  the  general  court  together 
with  a  full  statement  of  Its  receipts  and  dis- 
bursements, and  the  said  board  may  make  such 
additional  reports  In  print  or  otherwise  from 
time  to  time  as  it  may  deem  expedient. 

Sec.  9.  The  treasurer  of  the  commonwealth 
shall  In  the  year  nineteen  hundred  and  twelve 
and  in  each  }'ear  thereafter  estimate,  In  accord- 

^A  study  of  the  apportionment  of  assessments 
according  to  benefits,  between  the  city  as  a 
whole,  the  various  boroughs  of  the  city,  and  the 
land  owners,  will  reveal  some  analogy  between 
it  and  the  apportionment  here  suggested.  See 
Charter,  sec.  972-973   (in  New  York  City.) 


ance  with  the  proportions  determined  and  re- 
turned as  aforesaid,  the  several  amounts  required 
during  the  year  beginning  with  the  first  day  of 
January  from  the  cities  and  towns  aforesaid,  to 
meet  said  Interest,  serial  loan  requirements,  sal- 
aries, expenses,  including  expenses  of  adminis- 
tration and  cost  for  each  year,  and  deficiency, 
if  any,  and  shall  include  the  amount  required 
from  a  city  or  town  in,  and  make  it  a  part  of, 
the  sum  to  be  paid  by  such  city  or  town  as  its 
annual  state  tax  and  the  same  shall  be  paid  by 
the  city  or  town  Into  the  treasury'  of  the  com- 
monwealth at  the  time  required  for  the  pay- 
ment, and  as  a  part  of  its  state  tax. 

Sec.  10.  This  act  shall  take  effect  upon  its 
passage  so  far  as  it  affects  the  appointment 
of  the  members  of  the  Metropolitan  Planning 
Board  and  In  all  other  respects  this  act  shall 
take  effect  on  the  first  day  of  ,  nineteen 

hundred  and  twelve. 

2.     Pennsylvania^ 

Where.^s,  The  establishment  of  Suburban 
Metropolitan  Planning  Commissions  having 
jurisdiction  over  territory  adjacent  to  cities  of 
the  first  class  is  desirable.  In  order  to  provide  for 
Its  proper  development  by  the  co-operation  of 
the  various  local  governmental  units  In  matters 
pertaining  to  their  common  welfare;  and 

Whereas,  It  Is  desirable,  that  there  should  be 
co-ordination  of  effort  with  Urban  Metropolitan 
Planning  Commissions,  relating  to  cities  of  the 
first  class  themselves,  wherever  the  same  may 
exist: 

Sec.  I.  Be  It  enacted,  etc..  That  In  order 
to  secure  co-ordinated,  comprehensive  plans  of 
highways  and  roads,  parks  and  parkways,  and 
all  other  means  of  inter-communlcation,  water- 
supply,  sewerage  and  sewage  disposal,  collection 
and  disposal  of  garbage,  housing,  sanitation  and 
health,  playgrounds,  civic  centers,  and  other 
public  improvements,  as  hereinafter  provided 
for,  the  districts  surrounding  and  within  twenty- 
five  miles  of  the  limits  of  cities  of  the  first  class, 
whether  In  one  or  more  counties,  and  In  order  to 
prevent  waste  by  unnecessary  duplication,  the 
areas  included  within  twenty -five  miles  of  the 
limits  of  cities  of  the  first  class  shall  be  denom- 
inated the  Suburban  Metropolitan  Districts  of 
cities  of  the  first  class  of  Pennsylvania.  W'hen 
any  city,  borough  or  township  Is  partly  within 
and  partly  without  the  twent\'-five  mile  limit, 
the  whole  of  such  city,  borough,  or  township 
shall  be  regarded  as  within  the  Suburban  Met- 
ropolitan District. 

Sec  2.  There  shall  be  an  executive  depart- 
ment created  for  every  Suburban  Metropolitan 
District,  to  be  known  as  the  Department  of 
Suburban  Metropolitan  Planning,  which  shall  be 
In  charge  of  a  Suburban  Metropolitan  Planning 
Commission. 

Sec.  3.  The  Suburban  Metropolitan  Plan- 
ning Commission  shall  be  appointed  by  the 
Governor  of  the  State  of  Pennsylvania,  and  shall 
consist  of  fifteen  members,  who  may  or  may  not 
hold  other  public  office,  whether  for  profit   or 

2  1913,  No.  226.  repealed  In  1915. 


THE  LAW  OF  THE  CITY  PLAN 


33 


otherwise,  of  whom  twelve  shall  be  residents  of 
the  district  iiu'olved,  and  three  shall  be  resi- 
dents of  the  said  city  of  the  first  class,  five  mem- 
bers to  be  appointed  to  serve  for  one  year,  five 
for  two  years,  five  for  three  years;  then,  there- 
after, each  appointment  to  be  for  three  years. 

An  appointment  to  fill  a  casual  vacancy  shall 
be  for  the  unexpired  portion  of  the  term.  Nine 
shall  constitute  a  quorum. 

The  Suburban  Metropolitan  Planning  Com- 
mission shall  make  and  alter  rules  and  regula- 
tions for  its  own  organization  and  procedure, 
consistent  with  the  laws  of  the  Commonwealth. 
From  its  own  members  it  shall  choose  a  chair- 
man and  vice-chairman.  Each  member  shall 
serve  without  compensation.  On  or  before  Jan- 
uary tenth  of  each  and  every  year,  the  com- 
mission shall  make  to  the  mayor  of  each  city,  to 
councils  of  each  borough,  to  the  commissioners 
of  each  first  class  township,  and  to  the  super- 
visors of  each  second  class  township,  within  the 
Suburban  Metropolitan  District,  to  the  mayor 
of  the  said  city  of  the  first  class,  and  to  the 
Governor  of  the  State  of  Pennsylvania,  a  report 
of  Its  transactions  and  recommendations.  The 
commission  may  employ  a  secretary,  engineers, 
and  other  experts  and  persons,  whose  salaries 
and  wages,  as  well  as  all  the  other  necessary 
expenses  of  the  commission  and  members  there- 
of, shall  be  provided  for  as  hereinafter  set  forth. 

Sec.  4.  The  Suburban  Metropolitan  Plan- 
ning Commission  shall  make,  or  cause  to  be 
made,  and  laid  before  the  respective  govern- 
mental authorities  of  the  district,  and,  in  Its 
discretion,  cause  to  be  published,  a  map  or  maps 
of  the  entire  district,  or  any  portion  or  por- 
tions thereof,  showing  any  or  all  systems  of 
transportation,  highways  and  roads,  parks,  park- 
ways, water-supply,  sewerage  and  sewage  dis- 
posal, collection  and  disposal  of  garbage,  hous- 
ing, sanitation,  playgrounds  and  civic  centers, 
or  of  other  natural  physical  features  of  the  dis- 
trict; and  it  shall  prepare  plans  for  any  new 
or  enlarged  facilities  for  Intercommunication, 
parks,  parkways,  water-supply  systems,  sewers, 
sewage  disposal,  garbage  disposal,  land  plottings 
and  housing  arrangements,  playgrounds  and  civ- 
ic centers,  or  any  other  public  Improvement 
that  will  affect  the  character  of  the  district  as 
a  whole,  or  more  than  one  political  unit  within 
the  district,  or  any  widening,  extension  or  re- 
location of  the  same,  or  any  change  In  the  ex- 
isting township  or  borough  or  city  plans,  by  It 
deemed  advisable.  And  It  shall  make  recom- 
mendations to  the  respective  governmental  au- 
thorities from  time  to  time,  concerning  any  such 
matters  or  things  aforesaid,  for  action  by  the 
respective  legislative,  administrative,  or  gov- 
ernmental bodies  thereon;  and  In  so  doing  have 
regard  for  the  present  conditions  and  future 
needs  and  growth  of  the  district,  and  the  dis- 
tribution and  relative  location  of  all  the  prin- 
cipal and  other  streets,  and  railways,  waterways, 
and  all  other  means  of  public  travel  and  busi- 
ness communications,  as  well  as  the  distribution 
and  relative  location  of  all  public  buildings,  pub- 
lic grounds,  and  open  spaces  devoted  to  public 


use,  and  the  planning,  subdivision  and  laying 
out  for  urban  uses  of  private  grounds  brought 
into  the  market  from  time  to  time. 

Sec.  5.  Any  city,  borough,  or  township, 
within  any  Suburban  Metropolitan  I3istrict, 
may  request  the  Suburban  Metropolitan  Plan- 
ning Commission  of  that  district  to  prepare 
plans  concerning  any  of  the  subjects  set  forth 
In  section  four  of  this  act;  whereupon  It  shall 
be  the  duty  of  the  Commission  to  prepare  such 
plans  with  dispatch. 

Sec  6.  The  Suburban  Metropolitan  Plan- 
ning Conimission  may  make  recommendations" 
to  any  public  authorities  or  any  corporation  or 
Individual  In  said  districts,  with  reference  to  the 
location  of  any  buildings  and  structures  to  be 
constructed  by  them. 

Sec  7.  The  plans  so  made  and  laid  before 
the  respective  governmental  authorities  by  the 
Suburban  Metropolitan  District  Planning  Com- 
mission, according  to  sections  four,  five  and  six, 
shall  be  considered  by  such  respective  authorities, 
and  followed  by  them  In  so  far  as  shall  be  de- 
termined by  each  authority:  provided,  however, 
that  the  prov^lslons  of  this  act  shall  not  abridge 
or  in  any  way  affect  the  provisions  of  an  act, 
entitled  "An  act  creating  a  Department  of 
Health  and  defining  its  powers  and  duties,''  ap- 
proved the  twenty-seventh  day  of  April,  Anno 
Domini,  one  thousand  nine  hundred  and  five; 
or  the  provisions  of  an  act,  entitled  '"An  act 
to  preserve  the  purity  of  the  waters  of  the 
State  for  the  protection  of  the  public  health," 
approved  the  twenty-second  day  of  April,  one 
thousand  nine  hundred  and  five. 

Sec  8.  On  or  before  January  tenth  of  each 
and  every  year,  the  commission  shall  prepare  an 
estimate  of  Its  expenses  for  the  ensuing  year, 
setting  forth  with  as  much  detail  as  Is  practica- 
ble the  Items  of  which  such  estimate  Is  com- 
posed; and  shall  cause  the  amount  of  Its  ex- 
penses so  estimated,  after  deducting  the  cash  on 
hand  and  the  unpaid  assessments,  to  be  assessed 
against  the  cities,  boroughs,  and  townships  with- 
in the  district,  in  proportion  to  their  respective 
tax  duplicates.  The  itemized  estimate  of  ex- 
penses and  a  statement  of  the  rate  of  assess- 
ment shall  be  spread  upon  the  minutes  of  the 
Commission,  which  shall  be  kept  open  at  all 
times  for  public  Inspection.  Each  and  every 
assessment,  when  certified  by  the  chairman  and 
secretar}^  of  the  commission,  shall  constitute  a 
charge  on  the  treasury  of  the  respective  city, 
borough,  and  township,  and  Its  immediate  pay- 
ment shall  be  at  once  provided  for.  The  com- 
mission shall  have  power  to  secure  payment  of 
the  assessment  by  suits  of  mandamus,  or  other- 
wise; provided,  that  the  rate  of  assessment  shall 
not  exceed  one-tenth  of  one  mill. 

Approved  the  23rd  day  of  May,  A.  D.  1913, 

IV.       COUNTY  COMMISSION 

New  Jersey^ 

Sec.  1 601.  Every  board  of  chosen  freehold- 
ers shall  have  power  to  prepare  and  adopt   a 

^Laws  1918,  ch.  185,  Art  XVI. 


34 


NATIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


plan  for  the  betterment  and  the  systematic  de- 
velopment of  the  county,  and  shall  have  power 
and  authority  to  employ  experts  and  to  pay  for 
their  services,  and  to  pay  such  other  expenses 
as  may  be  necessary  for  the  making  of  such 
plan. 

Sec.  1602.  Every  board  of  chosen  freehold- 
ers may,  by  resolution,  provide  for  the  establish- 
ment of  a  commission  consisting  of  not  more 
than  seven  citizens  of  such  county  to  act  as 
a  county  plan  commission.  Such  commission, 
if  established,  shall  have  all  the  power  and  au- 
thority conferred  upon  boards  of  chosen  free- 
holders by  this  article,  except  that  the  said  com- 
mission may  expend  only  such  sums  as  may  be 
appropriated  for  such  purpose  by  the  board  of 
chosen  freeholders. 

Sec.  1603.  Every  board  of  chosen  freeholders 
adopting  any  such  plan,  or  any  county  plan 
commission  appointed  hereunder,  shall  endeavor 
to  cause  all  municipalities  within  the  county, 
and  adjoining  it.  to  co-operate  in  the  laying  out 
of  roads  and  boulevards  and  in  the  betterment 
and  the  systematic  dev^elopment  of  the  county. 

V.       CAPITAL  CITY  COMMISSION 

California^ 

Sec.  I.  There  shall  be  a  state  capital  plan- 
ning commission  composed  of  the  governor,  and 
state  librarian,  ex-offido  members,  and  three 
members  to  be  appointed  by  the  governor,  at 
least  one  of  whom  shall  be  a  recognized  expert 
in  the  planning  of  cities  and  towns.  Appointive 
members  of  this  commission  shall  serve  without 
pay  and  shall  hold  office  in  the  first  instance  for 
terms  respectively  for  two  years,  four  years,  and 
six  years  and  until  their  successors  have  been 
appointed  and  qualified.  Their  successors  shall 
serv'e  for  terms  of  six  years  each  and  appoint- 
ment to  fill  a  casual  vacancy  shall  be  only  for 
the  unexpired  portion  of  the  term.  Three  shall 
be  a  quorum.  They  may  make  and  alter  rules 
and  regulations  for  their  own  procedure  con- 
sistent with  the  laws  of  the  state.  They  shall 
consider  all  matters  in  ci.ty  planning  affecting 
the  future  needs  of  the  state  and  the  relation  of 
the  state  plans  to  those  of  the  capital  city. 

Sec.  2.  They  shall  confer  and  advise  with 
the  city  planning  body  of  the  capital  city  con- 
■cerning  all  matters  affecting  the  metropolitan 
district  in  and  about  the  said  capital  city  and 
for  a  distance  within  fifteen  miles  outside  the 
corporate  limits  of  the  said  city.  They  shall 
make  recommendations  to  the  governing  bodies 
of  all  political  units  within  this  area  and  to  the 
governor  with  regards  to  all  matters  of  Interest 
to  the  state  In  and  concerning  its  capital  city 
with  reference  to  its  system  of  roads,  boulevards 
and  thoroughfares,  street  railway  systems,  smoke 
prevention,  parks,  parkways  and  playgrounds, 
water  supply,  sewage  and  sewage  disposal,  col- 
lection and  disposal  of  garbage,  civic  centers, 
or  of  other  natural  or  artificial  physical  features 
of  the  district,  and  of  location  proposed  by  it  for 

1  191S.  P-  ISH- 


any  new  or  enlarged  thoroughfares,  street  rail- 
way system,  union  depot,  parks,  parkways,  play- 
grounds, water  supply  systems,  sewers,  sewage 
disposal  plant,  garbage  disposal  plant  and  civic 
centers,  or  any  other  public  improvement  that 
will  affect  the  character  of  the  district  as  a 
whole,  to  political  units  within  the  district.  It 
may  make  recommendations  to  the  state,  city 
or  district  governmental  authorities,  from  time 
to  time  concerning  any  such  matters  or  things 
aforesaid  for  action  by  the  respective  legislative, 
administrative  or  governing  bodies  thereof.  In 
so  doing  they  shall  have  regard  for  the  present 
conditions  and  future  needs  and  growth  of  the 
district,  and  the  distribution  and  relative  loca- 
tion of  all  the  principal  and  other  streets  and 
railways,  waterways,  and  all  other  means  of 
public  travel  and  business  communications,  as 
well  as  the  distribution  and  relative  location  of 
all  public  buildings,  public  grounds  and  open 
spaces  devoted  to  the  public  use,  and  the  plan- 
ning and  laying  out  for  urban  uses  of  private 
grounds  brought  into  the  market  from  time  to 
time. 

Sec.  3.  The  state  capital  planning  commis- 
sion shall  make  an  annual  report  to  the  governor 
which  the  secretary  of  state  shall  cause  to  be 
printed  as  a  public  document  and  copies  of  this 
report  shall  be  filed  with  each  and  every  gov- 
erning body  in  the  district  under  supervision. 

\\.      INTERSTATE  PLANNING  COMMISSION 

The  Nezv  York,  New  Jersey  Compact 
for  Planning  New  York  Harbor- 

Whereas,  In  the  year  1834  the  States  of  New 
York  and  New  Jersey  did  enter  Into  agreement 
fixing  and  determining  the  rights  and  obliga- 
tions of  the  two  states  in  and  about  the  waters 
between  the  two  states,  especially  in  and  about 
the  bay  of  New  York  and  the  Hudson  River; 
and 

Whereas,  Since  that  time  the  commerce  of 
the  port  of  New  York  has  greatly  developed 
and  increased  and  the  territory  in  an  around 
the  port  has  become  commercially  one  center 
or  district;  and 

Whereas,  It  Is  confidently  believed  that  a 
better  co-ordination  of  the  terminal,  transporta- 
tion and  other  facilities  of  commerce  in,  about 
and  through  the  port  of  New  York,  will  result 
In  great  economies,  benefiting  the  Nation,  as 
well  as  the  States  of  New  York  and  New  Jer- 
sey; and 

^Adopted  by  Laws,  New  York,  1921,  ch. 
154,  and  New  Jersey,  1921,  ch.  15;  ratified  by 
resolution  of  the  Congress  of  the  United  States, 
approved  by  the  President. 

The  plan  for  the  development  of  the  port, 
proposed  by  the  Port  Authority,  was  accepted 
by  the  two  States  and  ratified  by  Congress  and 
the  President  in  1922. 

The  original  Compact  will  be  found  in  Laws. 
New  York,  1834,  ch.  8.  New  Jersey,  1834,  p. 
118;  which  was  ratified  bv  the  United  States. 


THE  LAW  OF  THE  CITY  PLAN 


35 


Whereas,  The  future  development  of  such 
terminal  transportation  and  other  facilities  of 
commerce  will  require  the  expenditure  of  large 
sums  of  mone>'.  and  the  cordial  co-operation  of 
the  States  of  New  York  and  New  Jersey  in  the 
encouragement  of  the  investment  of  capital,  and 
in  the  formulation  and  execution  of  the  nec- 
essar\'  physical  plans;  and 

Whereas,  Such  result  can  best  be  accom- 
plished through  the  co-operation  of  the  two 
states  by  and  through  a  joint  or  common 
agency. 

Now,  Therefore,  The  said  States  of  New 
Jersey  and  New  York  do  supplement  and  amend 
the  existing  agreement  of  1834  in  the  following 
u'espects : 

Article  I.  They  agree  to  and  pledge,  each 
to  the  other,  faithful  co-operation  in  the  future 
planning  and  development  of  the  port  of  New 
York,  holding  in  high  trust  for  the  benefit  of 
the  Nation  the  special  blessings  and  natural 
advantages  thereof. 

Article  II.  To  that  end  the  two  States  do 
agree  that  there  shall  be  created  and  they  do 
hereby  create  a  district  to  be  known .  as  the 
"Port  of  New  York  District"  (for  brevity  here- 
inafter referred  to  as  "The  District")  which 
shall  embrace  the  territory  bounded  and  de- 
scribed as  follows : ^ 

The  boundaries  of  said  district  may  be 
changed  from  time  to  time  by  the  action  of  the 
Legislature  of  either  State  concurred  in  b}'  the 
Legislature  of  the  other. 

Article  IIL  There  is  hereby  created  "The 
Port  of  New  York  Authority"  (for  brevity 
hereinafter  referred  to  as  the  "Port  Authority"). 
which  shall  be  a  bod\'  corporate  and  politic. 
having  the  powers  and  jurisdiction  hereinafter 
enumerated,  and  such  other  and  additional  pow- 
ers as  shall  be  conferred  upon  it  by  the  legis- 
lature of  either  state  concurred  in  by  the  legis- 
lature of  the  other,  or  by  act  or  acts  of  con- 
gress, as  hereinafter  provided. 

Article  IY.  The  port  authority  shall  con- 
sist of  six  commissioners  —  three  resident  voters 
from  the  state  of  New  York,  two  of  whom  shall 
be  resident  voters  of  the  City  of  New  York, 
and  three  resident  voters  from  the  state  of  New 
Jersey,  two  of  whom  shall  be  resident  voters 
within  the  New  Jersey  portion  of  the  district, 
the  New  York  members  to  be  chosen  by  the 
state  of  New  York  and  the  New  Jerse\'  mem- 
bers by  the  state  of  New  Jersey,  in  the  manner 
and  for  the  terms  fixed  and  determined  from 
time  to  time  by  the  Legislature  of  each  State 
respectively,  except  as  herein  provided. 

Each  commissioner  may  be  removed  or  sus- 
pended from  office  as  provided  by  the  law  of 
the  state  for  which  he  shall  be  appointed. 

Article  V.  The  Commissioners  shall  for  the 
purpose  of  doing  business,  constitute  a  board 
and  may  adopt  suitable  by-laws  for  its  manage- 
ment. 

Article  \T.  The  port  authority  shall  con- 
stitute a  body,  both  corporate  and  politic,  with 
full  power  and  authority  to  purchase,  construct, 
lease  and  or  operate  any  terminal  or  transpor- 

^The  boundaries  of  the  district  are  omitted. 


tation  facility  within  said  district;  and  to  make 
charges  for  the  use  thereof;  and  for  any  of  such 
purposes  to  own,  hold,  lease  and/or  operate 
real  or  personal  property,  to  borrow  money  and 
secure  the  same  by  bonds  or  by  mortgages  upon 
any  property  held  or  to  be  held  by  it.  No 
property  now  or  hereafter  vested  in  or  held  by 
either  state,  or  by  any  county,  city,  borough, 
village,  township  or  other  municipality,  shall  be 
taken  by  the  port  authority,  without  the  au- 
thority or  consent  of  such  State,  county,  city, 
borough,  village,  township  or  other  municipality, 
nor  shall  anything  herein  impair  or  invalidate 
in  any  way  any  bonded  indebtedness  of  such 
state,  county,  city,  borough,  village,  township  or 
other  municipality,  nor  impair  the  provisions 
of  law  regulating  the  payment  into  sinking 
funds  of  revenues  derived  from  municipal  prop- 
erty, or  dedicating  the  revenues  derived  from 
any  municipal  property  to  a  specific  purpose. 

The  powers  granted  in  this  article  shall  not 
be  exercised  by  the  port  authority  until  the  leg- 
islatures of  both  states  shall  have  approved  of 
a  comprehensive  plan  of  the  development  of  the 
port  as  hereinafter  provided. 

Article  VIL  The  port  authority  shall  have 
such  additional  powers  and  duties  as  may  here- 
after be  delegated  to  or  imposed  upon  it  from 
time  to  time  by  the  action  of  the  legislature  of 
either  state  concurred  in  by  the  legislature  of  the 
other.  Unless  and  until  otherwise  provided,  it 
shall  make  an  annual  report  to  the  legislature  of 
both  states,  setting  forth  in  detail  the  operations 
and  transactions  conducted  by  it  pursuant  to 
this  agreement  and  any  legislation  thereunder. 
The  port  authority  shall  not  pledge  the  credit  of 
either  state  except  by  and  with  the  authority  of 
the  legislature  thereof. 

Article  VII L  Unless  and  until  otherwise 
provided,  all  laws  now  or  hereafter  vesting  juris- 
diction or  control  in  the  public  service  commis- 
sion, or  the  public  utilities  commission,  or  like 
body,  within  each  state  respectively,  shall  apply 
to  railroads  and  to  any  transportation,  terminal 
or  other  facility  owned,  operated,  leased  or  con- 
structed by  the  port  authority,  with  the  same 
force  and  effect  as  if  such  railroad  or  transporta- 
tion, terminal  or  other  facility  were  owned, 
leased,  operated  or  constructed  by  a  private  cor- 
poration. 

Article  IX.  Nothing  contained  in  this  agree- 
ment shall  impair  the  powers  of  any  munici- 
pality to  develop  or  improve  port  and  terminal 
facilities. 

Article  X.  The  legislatures  of  the  two 
states,  prior  to  the  signing  of  this  agreement, 
or  thereafter  as  soon  as  may  be  practicable,  will 
adopt  a  plan  or  plans  for  the  comprehensive  de- 
velopment of  the  port  of  New  York. 

Article  XL  The  port  authority  shall  from 
time  to  time  make  plans  for  the  dev'elopment 
of  said  district,  supplementary  to  or  amenda- 
tory of  any  plan  theretofore  adopted,  and  when 
such  plans  are  duly  approved  by  the  legislatures 
of  the  two  states,  they  shall  be  binding  upon 
both  states  with  the  same  force  and  effect  as  if 
incorporated  in  this  agreement. 

Article  XII.     The  port  authority  may  from 


36 


NATIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


time  to  time  make  recommendations  to  the  leg- 
islatures of  the  two  states  or  to  the  congress  of 
the  United  States,  based  upon  study  and  analy- 
sis, for  the  better  conduct  of  the  commerce  pass- 
ing in  and  through  the  port  of  New  York,  the 
increase  and  improvement  of  transportation  and 
terminal  facilities  therein,  and  the  more  eco- 
nomical and  expeditious  handling  of  such  com- 
merce. 

Article  XIII.  The  port  authority  may  pe- 
tition any  Interstate  Commerce  Commission  (or 
like  body),  public  service  commission,  public 
utilities  commission  (or  like  body),  or  any  other 
federal,  municipal,  state  or  local  authority,  ad- 
ministrative, judicial  or  legislative,  having  juris- 
diction in  the  premises,  after  the  adoption  of 
the  comprehensive  plan  as  provided  for  in  Arti- 
cle ten  for  the  adoption  and  execution  of  any 
physical  improvement,  change  in  method,  rate  of 
transportation,  system  of  handling  freight,  ware- 
housing, docking,  lightering  or  transfer  of  freight, 
which,  in  the  opinion  of  the  port  authority,  may 
be  designed  to  improve  or  better  the  handling 
of  commerce  in  and  through  said  district,  or  im- 
prove terminal  and  transportation  facilities 
therein.  It  may  intervene  in  any  proceeding  af- 
fecting the  commerce  of  the  port. 

Article  XIV.  The  port  authority  shall  elect 
from  its  number  a  chairman,  vice-chairman,  and 
may  appoint  such  officers  and  employees  as  it 
may  require  for  the  performance  of  its  duties, 
and  shall  fix  and  determine  their  qualifications 
and  duties. 

Article  XV.  Unless  and  until  the  revenues 
from  operations  conducted  by  the  port  authori- 
ty are  adequate  to  meet  all  expenditures,  the 
legislatures  of  the  two  states  shall  appropriate, 
in  equal  amounts  annually,  for  the  salaries,  of- 
fice and  other  administrative  expenses,  such  sum 
or  sums  as  shall  be  recommended  by  the  port 
authority  and  approved  by  the  governors  of  the 
two  states,  but  each  state  obligates  itself  here- 
under only  to  the  extent  of  one  hundred  thou- 
sand dollars  in  any  one  year. 

Article  XVI.  Unless  and  until  otherwise  de- 
termined by  the  action  of  the  legislatures  of  the 
two  states,  no  action  of  the  port  authority  shall 
be  binding  unless  taken  at  a  meeting  at  which 
at  least  two  members  from  each  state  are  pres- 
ent and  unless  four  votes  are  cast  therefor,  two 
from  each  state.  Each  state  reserves  the  right 
hereafter  to  provide  by  law  for  the  exercise  of 
a  veto  power  by  the  governor  thereof  over  any 
action  of  any  commissioner  appointed  therefrom. 

Article  XVII.  Unless  and  until  otherwise 
determined  by  the  action  of  the  legislatures  of 
the  two  states,  the  port  authority  shall  not  in- 
cur any  obligations  for  salaries,  office  or  other 
administrative  expenses,  within  the  provisions 
of  Article  fifteen  prior  to  the  making  of  appro- 
priations adequate  to  meet  the  same. 

Article^  XVIII.  The  port  authority  is  here- 
by authorized  to  make  suitable  rules  and  reg- 
ulations not  inconsistent  with  the  constitution 
of  the  United  States  or  of  either  state,  and  sub- 
ject to  the  exercise  of  the  power  of  congress,  for 
the  improvement  of  the  conduct  of  navigation 
and  commerce,  which,  when  concurred  in  or  au- 


thorized by  the  legislatures  of  both  states,  shall 
be  binding  and  eflective  upon  all  persons  and 
corporations  affected  thereby. 

Article  XIX.  The  two  states  shall  provide 
penalties  for  violations  of  any  order,  rule  or  reg- 
ulation of  the  port  authority,  and  for  the  man- 
ner of  enforcing  the  same. 

Article  XX.  The  territorial  or  boundary 
lines  established  by  the  agreement  of  eighteen 
hundred  and  thirty-four,  or  the  jurisdiction  of 
the  two  states  established  thereby,  shall  not  be 
changed  except  as  herein  specifically  modified. 

Article  XXI.  Either  state  may  by  its  leg- 
islature withdraw  from  this  agreement  in  the 
event  that  a  plan  for  the  comprehensive  devel- 
opment of  the  port  shall  not  have  been  adopted 
by  both  states  on  or  prior  to  July  first,  nineteen 
hundred  and  twenty-three;  and  when  such  with- 
drawal shall  have  been  communicated  to  the 
governor  of  the  other  state  b\-  the  state  so  with- 
drawing, this  agreement  shall  be  thereby  abro- 
gated. 

Article  XXII.  Definitions, — The  following 
words  as  herein  used  shall  have  the  following 
meaning:  "Transportation  facility"  shall  include 
railroads,  steam  or  electric,  motor  truck  or  other 
street  or  highway  vehicles,  tunnels,  bridges, 
boats,  ferries,  car-fioats,  lighters,  tugs,  floating 
elevators,  barges,  scows  or  harbor  craft  of  any 
kind,  aircraft  suitable  for  harbor  service,  and 
ever}'  kind  of  transportation  facility  now  in  use 
or  hereafter,  designed  for  use  for  the  transporta- 
tion or  carriage  of  persons  or  property.  ''Ter- 
minal facility"  shall  include  wharves,  piers,  slips, 
ferries,  docks,  dry  docks,  bulkheads,  dock-walls, 
basins,  car-floats,  float-bridges,  grain  or  other 
storage  elevators,  warehouses,  cold  storage, 
tracks,  yards,  sheds,  switches,  connections,  over- 
head appliances,  and  every  kind  of  terminal  or 
storage  facility  now  in  use  or  hereafter  designed 
for  use  for  the  handling,  storage,  loading  or  un- 
loading of  freight  at  steamship,  railroad  or 
freight  terminals.  "Railroads"  shall  include 
railways,  extensions  thereof,  tunnels,  subways, 
bridges,  elevated  structures,  tracks,  poles,  wires, 
conduits,  power  houses,  sub-stations,  lines  for 
the  transmission  of  power,  car  barns,  shops, 
yards,  sidings,  turn-outs,  switches,  stations  and 
approaches  thereto,  cars  and  motive  equipment. 
"Facility"  shall  include  all  works,  buildings, 
structures,  appliances  and  appurtenances  nec- 
essary and  convenient  for  the  proper  construc- 
tion, equipment,  maintenance  and  operation  of 
such  facility  or  facilities  or  any  one  or  more  of 
them.  "Real  property"  shall  include  land  under 
water,  as  well  as  uplands,  and  all  property  either 
now  conmionly  or  legally  defined  as  real  prop- 
erty or  which  may  hereafter  be  so  defined. 
"Personal  Property"  shall  include  choses  in  ac- 
tion and  all  other  property  now  commonly  or 
legally  defined  as  personal  property  or  which 
may  hereafter  be  so  defined.  "To  lease"  shall 
include  to  rent  or  to  hire.  "Rule  and  regula- 
tion" until  and  unless  otherwise  determined  by 
the  legislatures  of  both  states,  shall  mean  any 
rule  or  regulation  not  inconsistent  with  the  con- 
stitution of  the  United  States  or  of  either  state, 
and.   subject  to  the   exercise  of  the  power   of 


THE  LAW  OF  THE  CITY  PLAN 


37 


Congress,  for  the  improvement  of  the  conduct 
of  navitration  and  commerce  within  the  district, 
and  shall  include  char;,'es,  rates,  rentals  or  toU.^ 
fixed  or  established  by  the  port  authority;  and 
until  otherwise  determined  as  aforesaid,  shall 
not  include  matters  relating  to  harbor  or  river 
pollution.  Wherever  action  by  the  legislature 
of  either  state  is  herein  referred  to,  it  shall  mean 
an  act  of  the  legislature  duly  adopted  in  ac- 
cordance with  the  provisions  of  the  constitution 
of  the  state. 

Consent,  approval  or  recommendation  of  mu- 
nicipality; how  giv'en.  Whenever  herein  the 
consent,  approval  or  recommendation  of  a  "mu- 
nicipality" is  required,  the  word  "municipality" 
shall  be  taken  to  include  any  city  or  incor- 
porated village  within  the  Port  District,  and  in 


addition  in  the  State  of  New  Jersey  any  bor- 
ough, town,  township  or  any  municipality  gov- 
erned by  an  improvement  commission  within  the 
district.  Such  consent,  approval  or  recom- 
mendation whenever  required  in  the  case  of  the 
city  of  New  York  shall  be  deemed  to  have  been 
given  or  made  whenever  the  board  of  estimate 
and  apportionment  of  said  city  or  any  body 
hereafter  succeeding  to  its  duties  shall  by  ma- 
jority vote  pass  a  resolution  expressing  such 
consent,  approval  or  recommendation;  and  in 
the  case  of  any  municipality  now  or  hereafter 
governed  by  a  commission,  whenever  the  com- 
mission thereof  shall  by  majority  vote  pass  such 
a  resolution;  and  in  all  other  cases  whenever 
the  body  authorized  to  grant  consent  to  the  use 
of  the  streets  and  highways  of  such  municipality 
shall  by  a  majority  vote  pass  such  a  resolution. 


Appendix  C 
BIBLIOGRAPHY 


I.     Plan?iing  Coviviissions 

Art  commissions,  city  and  state.  Report  of  a 
Committee  appointed  at  a  conference  of 
members  of  art  commissions,  in  New  York, 
Dec,  1913.     23  pp. 

The  Difference  between  the  Functions  of  the 
City  Art  Commission  and  a  City  Plan 
Commission,  a  discussion  in  Proceedings  of 
National  City  Planning  Conference,  vol. 
IX,  pp.  228-236. 

Laws  relating  to  art  commissions,  printed  for 
the  Art  Commission  of  the  City  of  New 
York,  May,  1914,  53  pp. 

Magee,  William  A.  The  Organization  and 
Functions  of  a  City  Planning  Commission. 
In  Proceedings  of  National  City  Planning 
Conference,  vol.  V,  pp.  73-85,  with  discus- 
sion, pp.  85-92. 

Massachusetts  Federation  of  Planning  Boards. 
Bulletin  No.  i.  May,  1916.  4  pp.  Pt.  I: 
The  functions  of  Massachusetts  Planning 
Boards.     II:  The  official  plan. 

Plan  commission  legislation.  (City  plan,  Jan., 
1916,  V.  I,  p.  9-13.) 

Whitten,  Robert  H.  The  constitution  and 
powers  of  a  city  planning  authority.  (City 
plan,  June,  1915,  v.  2,  pp.  7-12.) 

.     The  constitution  and  powers  of  a 

city  planning  authority.  {In  Proceedings 
of  the  7th  National  Conference  on  City 
Planning,  1915,  pp.  135-143;  Results  of 
Questionnaire,  274-299.) 

.     Erection    of   Buildincs   within    the 

Lines  of  Mapped  Streets,  published  by  the 
City  of  New  York,  191 7,  pp.  7. 

\\'illiams,  Frank  Backus.  Some  aspects  of  cit\' 
planning  administration  in  Europe.  {In 
Proceedings  of  7th  National  Conference  on 
City  Planning,  1915,  pp.  144-154.) 


II.     Plarming  Particular  Cities 

Akron,  O.  Nolen,  John.  City  plan  for  Akron, 
prepared  for  Chamber  of  Commerce.  Cam- 
bridge, Mass.,  University  Press,  1919,  91 
pp.  (Contains  legal  summary  published  in 
full  in  pamphlet  by  Frank  Backus  Wil- 
liams entitled  "Akron  and  its  planning 
law,"  listed  below. 

;-.     Williams,   Frank   Backus.      Akron 

and  its  planning  law.     Akron,  Chamber  of 
Commerce,  1919,  40  pp. 

Bridgeport,  Conn.  Nolen,  John.  Better  city 
planning  for  Bridgeport;  some  fundamental 
proposals  to  the  City  Plan  Commission  .  . 
with  a  report  on  legal  methods  of  carrying 
out  the  changes  proposed  In  the  city  plan 
for  Bridgeport,  by  Frank  Backus  Williams. 
Bridgeport,  Conn.,  Brewer-Colgan  Co., 
printers,  1916,  159  pp. 

Chicago.  Fisher,  Weaker  L.  Legal  aspects  of 
plan  of  Chicago.  {In  Burnham  and  Ben- 
nett, Plan  of  Chicago,  published  by  Com- 
mercial Club,  1909,  pp.  125-156.) 

East  Orange,  N.  J.  Legal  situation.  In  City 
Plan  for  East  Orange,  New  Jersey,  1922, 
PP-  77-79- 

Hamilton,  0.  Bettman,  Alfred.  Legal  powers 
affecting  the  city  plan  for  Hamilton,  {hi 
Bartholomew,  Ilarland,  CIt>'  plan  for  Ham- 
ilton, O.,  1920,  pp.  60-64;  66.) 

Hartford,  Conn.  Ford,  Frederick  L.  The  com- 
mission on  the  city  plan  at  Hartford,  Conn. 
{In  Proceedings  of  2nd  National  Confer- 
ence on  City  Planning,  1910,  pp.  172-177.) 

Minneapolis.  Rockwood,  C.  J.  The  legal  prob- 
lems. {In  Bennett,  E.  H.  The  plan  of 
Minneapolis,   1917.   pp.  211-221.) 


38 


NATIONAL  MUNICIPAL  REVIEW  SUPPLEMENT 


New  York  City.  Committee  on  City  Plan. 
Development  and  present  status  of  city 
planning  in  New  York  City.  Report  to- 
gether with  papers  presented  at  meeting  of 
Advisory  Commission  on  City  Plan,  Dec. 
17,  1914.     76  pp. 

.     Bassett,  Edward  M.     A  Survey  of 

the  Legal  Status  of  a  Specific  City  in  Rela- 
tion to  City  Planning,  by  Edward  M.  Bas- 
set, In  Proceedings  of  National  City  Planning 
Conference,  vol.  V,  pp.  46-62. 

III.     Metropolitan  Planning 

Cohen,  Julius  H.  Developing  port  facilities  by 
interstate  compact  and  agencies;  being  re- 
print of  paper  read  before  Section  of  Pub- 
lic Utility  Law  of  American  Bar  Associa- 
tion, August  30,  1921,  IS  pp. 

.     The  New  York  harbor  problem  and 

its  legal  aspects.  (Cornell  Law  Quarterly, 
May,  1920,  pp.  373-408.     Also  reprinted.) 

Massachusetts.  Joint  Board  on  Metropolitan 
Improvements.  Final  report.  Boston, 
State  Printers,  191 1,  14S  PP-  (Mass.  Gen- 
eral Court,  191 1,  House  doc.  ISSO.)  (Pop- 
ularly known  as  "Big  Four"  reports:  See 
"Landscape  Architecture,"  April,  1912,  v. 
2,  pp.  114.) 

Massachusetts.  Metropolitan  Improvements 
Commission.  Report,  1909.  Boston,  State 
Printers,  1909,  318  pp. 

Massachusetts.  Metropolitan  Plan  Commission. 
Report,  191 2.  Boston,  State  Printers,  191 2, 
61  pp.  (Mass.  General  Court,  191 2,  House 
doc,  1615.) 

New  York.  Port  of  New  York  Authority.  Re- 
port with  plan  for  the  comprehensive  de- 
velopment of  the  port  of  New  York,  Dec. 
21,  1921.  Albany,  State  printers,  1921,  56 
pp. 

New  York,  New  Jersey  Port  and  Harbor  De- 
velopment Commission.  Joint  report  with 
comprehensive  plan  and  recommendations. 
Albany,  J.  B.  Lyons  Co.,  1920,  495  pp. 

Woobston,  Howard  B.  Municipal  zones;  a  study 
of  the  legal  powers  of  cities  beyond  their 
incorporated  limits.  (National  municipal 
Review,  July,  1914,  v.  3,  pp.  465-473.) 

IV.     General 

Adams,  Thomas.  Municipal  and  real  estate 
finance  In  Canada;  The  need  of  town  plan- 
ning to  arrest  growing  financial  difficulties 
in  cities  and  towns.  Canada,  Commission 
of  Conservation,  192 1,  15  pp. 

.  The  need  of  town  planning  legis- 
lation and  procedure  for  control  of  land  as 
a  factor  in  house-building  development. 
(Journal  of  the  American  Institute  of 
Architects,  Feb.-Mar.,  191 8,  v.  6,  pp.  68- 
70;  I3S-I37-) 


.     Rural  planning  and  development. 

Canada,  Commission  of  Conservation,  1917, 
281  pp. 

.     Town  planning  In  relation  to  land 

taxation:  cities  should  have  agricultural 
zones:  examples  of  Canadian  cities.  (Na- 
tional Municipal  Review,  March,  1919,  v. 
8,  pp.  109-113.) 

Aldridge,  Henry  R.  The  case  for  town  plan- 
ning: a  practical  manual  for  the  use  of 
councillors,  officers,  and  others  engaged  in 
the  preparation  of  town  planning  schemes. 
London,  Published  by  the  National  Hous- 
ing and  Town  Planning  Council,  1915. 
679  pp. 

.     Compulsory  town  planning;  paper 

read  before  the  Town  Planning  Institute. 
(Garden  Cities  and  Town  Planning,  Feb.. 
1916,  v.  6,  pp.  25-32.) 

Bassett,  Edward  M.  Constitutional  limitations 
on  city  planning  powers.  {In  Proceedings 
of  9th  National  Conference  on  City  Plan- 
ning, 1917,  pp.  199-214;  also  published  by 
the  city  of  New  York,  10  pp.,  1917.) 

.     A  survey  of  the  legal  status  of  a 

city  In  relation  to  city  planning.  {In  Pro- 
ceedings of  5th  National  Conference  on 
City  Planning,  1913,  pp.  46-68.) 

Clarke,  J.  J.  The  Housing  problem;  Its  history, 
growth,  legislation  and  procedure.  London. 
Pitman,  1920,  544  pp.  (Gives  text  of 
Housing,  Town  Planning,  etc..  Act,  1919 
and  Acquisition  of  Land  (Assessment  of 
Compensation)  Act,  1919.  Table  of  stat- 
utes, pp.  523-524.  Bibliography,  pp.  525- 
529.) 

Dowdall,  H.  C.  Local  development  law.  Lon- 
don, T.  Fisher  Unwin,  1919.  230  pp. 
(Liverpool  Corporation  Acts,  pp.  205-230.) 

Eberstadt,  Rudolf.  Handbuch  des  Wohnun- 
gawecons,  4th  edition,  Jena,  Gustav  Fisch- 
er, 1920.  735  pp.  (Bibliography  at  end 
of  each  section.) 

Ford,  George  B.  L'urbanisme  en  pratique, 
precis  del'urbanisme  dans  toute  son  ex- 
tension pratique  comparee  en  Amerique  et 
en  Europe.  Paris,  Ernest  Leroux,  1920. 
196  pp.  (Collection  ''Urbanisme,"  Serie  C.) 

Great  Britain.  Ministry  of  Health.  Report  of 
the  South  Wales  Regional  Survey  Commit- 
tee. London,  H.  M.  Stationery  Ofiice,  1921. 
80  pp. 

Lewis,  Nelson  P.  The  planning  of  the  modern 
city.     New  York,  Wiley,   1916. '  423  pp. 

McBain,  Howard  L.  American  city  progress 
and  the  law.  New  York,  Columbia  Uni- 
versity Press,  191 8.     269  pp. 

.  The  law  and  the  practice  of  mu- 
nicipal home  rule.  New  York,  Columbia 
University  Press,  1916,  724  pp. 

National  Conference  on  City  Planning.  Pro- 
ceedings, Issued  annually,  1910-date,  b\- 
the  Conference,  except  the  first  (1909). 
which  is  U.  S.  Congress,  61  st,  2nd  Session, 
Senate  doc.  422. 


THE  LAW  OF  THE  CITY  PLAN 


39 


Nolen,  John.  New  ideals  in  the  planning  of 
cities,  towns  and  villages.  New  York, 
American  City  Bureau,  1919.     138  pp. 

.     City  planning;   a   series  of  papers 

by  seventeen  experts  presenting  the  essen- 
tial elements  of  a  city  plan,  edited  by  John 
Nolen.  New  York,  Appleton,  1916.  (Na- 
tional Municipal  League  Series.)  (Ch. 
III.  Public  control  of  private  real  estate, 
by  Frank  Backus  Williams.) 

Robinson,  Charles  M.  City  planning,  with  spe- 
cial reference  to  the  planning  of  streets  and 
lots.    New  York,  Putnams,  1916.     344  pp. 

Shurtleff,  Flavel  and  Frederick  Law  Olmsted. 
Carrying  out  the  city  plan.  New  York, 
The  Survey  Associates,  1914.  349  pp. 
(Russell  Sage  Foundation  Publications.) 
(Appendix,  giving  laws  and  decisions,  pp. 
211-334.) 

Town  planning  in  relation  to  land  taxation: 
proposed  Alberta  schemes.  (In  annual  re- 
port of  Canada  Commission  of  Conserva- 
tion, 1919,  v.  10,  pp.  113-115.) 


Unwin,  Raymond.  Town  planning  in  practice; 
an  introduction  to  the  art  of  designing  cities 
and  suburbs.  London,  T.  F.  Unwin,  1909. 
416  pp. 

W'alpole,  Mass.  Town  Planning  Committee. 
(Charles  S.  Bird,  Chairman.)  Town  plan- 
ning for  small  communities.  New  York, 
D.  Appleton  and  Co.,  1917.  492  pp.  (Na- 
tional Municipal  League  Series.) 

Williams,  Frank  Backus.  The  Law  of  City 
Planning'  and  Zoning.  New  York,  The 
Macmillan  Co.,  1922. 

Wood,  Sir  Kingsley.  The  law  and  practice 
with  regard  to  housing  in  England  and 
Wales.  London,  Henry  Frowde,  192 1. 
768  pp.  (Gives  text  of  statutes,  with 
notes,  forms,  etc.) 

Zueblin,  Charles.  American  municipal  prog- 
ress, new  and  revised  edition.  New  York, 
Macmillan,    1916,  522  pp. 

See  also  II,  above. 


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